Opinion
June 15, 1999.
Appeal from the Supreme Court, New York County (Ronald Zweibel, J.).
Respondents, in denying petitioner's request for the above-described materials, have certified, in accordance with the requirement of Public Officers Law § 89 (3), that, after a diligent search, the material sought by petitioner could not be found in their files ( see, Matter of Qayyam v. New York City Police Dept., 227 A.D.2d 188). Since petitioner, in response, failed to articulate a factual basis for his contention that, respondents' certification notwithstanding, the requested materials exist and are within respondents' possession, the petition challenging the denial of the sought materials was properly dismissed ( see, Dos Santos v. New York City Police Dept., 255 A.D.2d 205). Petitioner's conjecture as to the existence of the materials was insufficient to sustain his petition ( supra).
We have considered petitioner's other arguments and find them unpersuasive.
Concur — Rosenberger, J.P., Tom, Saxe and Buckley, JJ.