Opinion
May 9, 1996
Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).
The IAS Court properly found that the proceeding was time-barred since the petition was not verified until more than four months after respondent's response to petitioner's request (CPLR 217). In any event, this Court has held that police follow-up reports (DD5s) are exempt from disclosure under the intra-agency material exemption pursuant to Public Officers Law § 87 (2) (g) (iii) ( Matter of Scott v. Chief Med. Examiner, 179 A.D.2d 443, lv denied 79 N.Y.2d 758, cert denied 506 U.S. 891; Matter of Gould v. New York City Police Dept., 223 A.D.2d 468, lv granted 88 N.Y.2d 802; Matter of Johnson v. New York City Police Dept., 220 A.D.2d 320). The record also reveals that respondent satisfied its burden under the statute when it indicated that it could not locate any additional documents responsive to petitioner's request after an extensive and diligent search ( Matter of Rodriguez v. Dillon, 210 A.D.2d 416, lv denied 85 N.Y.2d 807).
Concur — Murphy, P.J., Sullivan, Rosenberger, Nardelli and Tom, JJ.