Opinion
April 6, 2000.
Judgment, Supreme Court, New York County (Edward Lehner, J.), entered on or about April 28, 1999, which denied petitioner's application to compel respondent to make available certain documents under the Freedom of Information Law, and dismissed the petition, unanimously affirmed, without costs.
Pro se, for petitioner-appellant.
Morrie I. Kleinbart, for respondent-respondent.
SULLIVAN, P.J., NARDELLI, ELLERIN, WALLACH, ANDRIAS, 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 the documents were no longer available to him (see, Matter of Brightley v. Lai, 266 A.D.2d 131, 698 N.Y.S.2d 487). Indeed, it appears that such materials have been sent to him by his former attorney on four occasions.
Motion seeking to strike exhibits from reply brief granted.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.