Opinion
March 7, 1996
Appeal from the Supreme Count, New York County (William McCooe, J.).
The police officer's memo book sought by petitioner is exempt from FOIL disclosure ( Matter of Scott v Chief Med. Examiner of City of N.Y., 179 A.D.2d 443, 444, lv denied 79 N.Y.2d 758, cert denied 506 U.S. 891; see also, Matter of Gould v New York City Police Dept., 223 A.D.2d 468; Matter of Johnson v New York City Police Dept., 220 A.D.2d 320). With respect to the other records sought in both petitioner's original and supplemental petitions, respondent's certification that it has provided petitioner with all of the records in its possession, other than the memo book, relating to petitioner's arrest and conviction was sufficient to establish the nonexistence of the records sought ( see, Matter of Swinton v Record Access Officers, 198 A.D.2d 165; Matter of Rodriguez v Dillon, 210 A.D.2d 416, lv denied 85 N.Y.2d 807).
Concur — Milonas, J.P., Kupferman, Nardelli and Mazzarelli, JJ.