Opinion
November 30, 1999
Orders, Supreme Court, New York County (Stuart Cohen, J. and Walter Tolub, J., respectively), entered November 5, 1997 and April 29, 1998, inter alia, denying petitioner's application made pursuant to CPLR Article 78 for an order directing respondents to furnish documents sought under the Freedom of Information Law, and denying petitioner's motion for renewal, unanimously affirmed, without costs.
Roger D. Olson, for Petitioner-Appellant,
Grace Vee, for Respondents-Respondents.
ELLERIN, P.J., WILLIAMS, LERNER, RUBIN, SAXE, JJ.
Petitioner failed to meet his burden of establishing by admissible evidence that the documents requested had not been provided to the attorney who had represented him at his criminal trial or that they were no longer available to petitioner (see, Matter of Franklin v. Keller, 254 A.D.2d 83; Matter of Scarola v. Morgenthau, 246 A.D.2d 418; Swinton v. Records Access Officers for City of New York Police Dept., 198 A.D.2d 165). The motion to renew was properly denied (see, Foley v. Roche, 68 A.D.2d 558).
We have considered and rejected petitioner's remaining contentions.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.