Opinion
June 15, 1995
Appeal from the Supreme Court, Albany County (Bradley, J.).
Following his unsuccessful administrative appeal from the denial of his Freedom of Information Law (Public Officers Law art 6) request for "the State Wide Alphabetical listing of all inmates currently in DOCS custody, showing facility of incarceration and DIN Numbers", petitioner commenced this CPLR article 78 proceeding seeking a judgment directing respondent to produce the requested record. Supreme Court dismissed the petition on the ground that the requested record does not exist and Public Officers Law § 89 (3) does not require an agency to create a record. This appeal ensued.
We affirm. Although respondent may maintain an "Alpha Cell Book" for each correctional facility listing every inmate incarcerated therein, it is under no obligation to compile the requested data from such records ( see, Matter of Reubens v Murray, 194 A.D.2d 492; Matter of Guerrier v. Hernandez-Cuebas, 165 A.D.2d 218, lv denied 78 N.Y.2d 853). We further note that petitioner's contention that the requested record exists is mere speculation bereft of any evidentiary support ( see, Matter of Wood v. Ellison, 196 A.D.2d 933).
Cardona, P.J., Casey, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.