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Sorce v. Noll

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1998
250 A.D.2d 770 (N.Y. App. Div. 1998)

Opinion

May 18, 1998

Appeal from the Supreme Court, Nassau County (Adams, J.).


Ordered that the judgment is affirmed, without costs or disbursements.

The Supreme Court did not err in denying the petition without conducting an in camera examination of the respondents' files. The petitioner's mere conjecture and speculation as to what was held in the respondents' files were insufficient to even raise a factual question as to whether or not the respondents failed to turn over any documents in light of the respondents' certification that no, such documents were in its file, and its prior turnover of numerous documents ( see, Matter of Scott v. New York City Police Dept., 225 A.D.2d 338, mod sub nom. Matter of Gould v. New York City Police Dept., 89 N.Y.2d 267, 279).

The petitioner's remaining contention is without merit.

Santucci, J.P., Joy, Florio and McGinity, JJ., concur.


Summaries of

Sorce v. Noll

Appellate Division of the Supreme Court of New York, Second Department
May 18, 1998
250 A.D.2d 770 (N.Y. App. Div. 1998)
Case details for

Sorce v. Noll

Case Details

Full title:In the Matter of JOSEPH SORCE, Appellant, v. DOUGLAS NOLL et al.…

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

Date published: May 18, 1998

Citations

250 A.D.2d 770 (N.Y. App. Div. 1998)
672 N.Y.S.2d 778

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