Opinion
CA 18–01428 710
07-31-2019
In the Matter of Brian HUNT, Petitioner–Appellant, v. Anthony ANNUCCI, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent–Respondent.
BRIAN HUNT, PETITIONER-APPELLANT PRO SE. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT-RESPONDENT.
BRIAN HUNT, PETITIONER-APPELLANT PRO SE.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (MARCUS J. MASTRACCO OF COUNSEL), FOR RESPONDENT-RESPONDENT.
PRESENT: CENTRA, J.P., LINDLEY, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs. Memorandum: Petitioner, a pro se prison inmate, commenced this CPLR article 78 proceeding seeking to annul the determination of respondent denying petitioner's request for disclosure pursuant to the Freedom of Information Law (Public Officers Law art 6) of parole records pertaining to another inmate, who testified against him at trial. Contrary to petitioner's contention, Supreme Court properly dismissed his petition. The records were exempt because their disclosure "would constitute an unwarranted invasion of personal privacy" ( Public Officers Law § 87[2][b] ; see 9 NYCRR 8000.5 [c][2] ) and "could endanger the life or safety" of the other inmate ( § 87[2][f] ; see Matter of Carty v. New York State Div. of Parole , 277 A.D.2d 633, 633–634, 716 N.Y.S.2d 125 [3d Dept. 2000] ).