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Matter of Davidson v. Police Department

Appellate Division of the Supreme Court of New York, First Department
Oct 26, 1993
197 A.D.2d 466 (N.Y. App. Div. 1993)

Opinion

October 26, 1993

Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).


The IAS Court properly denied the petition for records pursuant to the Freedom of Information Law as moot inasmuch as respondent provided petitioner with records responsive to the request during the pendency of the litigation. (Matter of Newton v. Police Dept., 183 A.D.2d 621, 623.) Further, respondent is not required to provide petitioner with additional material as respondent does not possess or maintain the additional documents requested by petitioner. (Public Officers Law § 89.) Moreover, respondent satisfied its burden of establishing that the redaction of the personal information regarding police officers and witnesses involved in the investigation of petitioner's case was proper. (Public Officers Law § 87 [f].) Accordingly, an in camera inspection of the documents is unnecessary. (Miracle Mile Assocs. v. Yudelson, 68 A.D.2d 176, lv denied 48 N.Y.2d 706.)

We have reviewed petitioner's remaining claims and find them to be without merit.

Concur — Rosenberger, J.P., Wallach, Kupferman and Nardelli, JJ.


Summaries of

Matter of Davidson v. Police Department

Appellate Division of the Supreme Court of New York, First Department
Oct 26, 1993
197 A.D.2d 466 (N.Y. App. Div. 1993)
Case details for

Matter of Davidson v. Police Department

Case Details

Full title:In the Matter of RONALD DAVIDSON, Appellant, v. POLICE DEPARTMENT OF THE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 26, 1993

Citations

197 A.D.2d 466 (N.Y. App. Div. 1993)
602 N.Y.S.2d 855

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