Di Rose v. New York State Division of Parole

Full title: In the Matter of RICARDO A. DI ROSE, Appellant, v. NEW YORK STATE DIVISION…

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

Date published: Dec 21, 1995

222 A.D.2d 900 (N.Y. App. Div. 1995)

635 N.Y.S.2d 747

Opinion

December 21, 1995

Appeal from the Supreme Court, Albany County (Bradley, J.).

Petitioner commenced this CPLR article 78 proceeding to compel respondent to comply with his request under the Freedom of Information Law for a copy of his parole file. Respondent subsequently provided him a copy of the file with certain items redacted. On appeal, petitioner contends that respondent improperly redacted certain items from his file. Inasmuch as respondent complied with petitioner's request, this proceeding pursuant to CPLR article 78 to compel respondent to comply with said request is moot. Petitioner's challenge to the propriety of the redactions made by respondent is a separate issue which must be pursued before respondent and, if not satisfactorily resolved, is the subject of a separate CPLR article 78 proceeding.

Cardona, P.J., Mikoll, White, Casey and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.