He'ron v. Office of District Attorney

Appellate Division of the Supreme Court of New York

He'ron v. Office of District Attorney

96 A.D.3d 531, 946 N.Y.S.2d 466

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 14, 2012

StatusPublished

This text of 96 A.D.3d 531 (He'ron v. Office of District Attorney) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

He'ron v. Office of District Attorney, 96 A.D.3d 531, 946 N.Y.S.2d 466 (N.Y. Ct. App. 2012).

Pincite

Opinion

Order, Supreme Court, Bronx County (Diane A. Lebedeff, J.), entered on or about May 19, 2011, which, to the extent appealed from as limited by the briefs, dismissed the petition brought pursuant to CPLR article 78, seeking, inter alia, to compel respondent to provide the records of criminal convictions and/or pending charges against one George Santos, a purported witness at petitioner’s 1980 murder trial, which petitioner sought through a Freedom of Information Law (FOIL) request, unanimously affirmed, without costs.

Respondent satisfied the requirements of Public Officers Law § 89 (3) by certifying that a diligent search had been conducted and the documents could not be located in respondent’s files (see Matter of Rattley v New York City Police Dept., 96 NY2d 873 [2001]; Matter of Alicea v New York City Police Dept., 287 AD2d 286 [2001]). An agency is not required to create records in order to comply with a FOIL request (Public Officers Law § 89 [3]; see Matter of Data Tree, LLC v Romaine, 9 NY3d 454, 464 [2007]). Concur — Tom, J.P., Andrias, DeGrasse, Richter and Roman JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, Bronx County (Diane A. Lebedeff, J.), entered on or about May 19, 2011, which, to the extent appealed from as limited by the briefs, dismissed the petition brought pursuant to CPLR article 78, seeking, inter alia, to compel respondent to provide the records of criminal convictions and/or pending charges against one George Santos, a purported witness at petitioner’s 1980 murder trial, which petitioner sought through a Freedom of Information Law (FOIL) request, unanimously affirmed, without costs.

Respondent satisfied the requirements of Public Officers Law § 89 (3) by certifying that a diligent search had been conducted and the documents could not be located in respondent’s files (see Matter of Rattley v New York City Police Dept., 96 NY2d 873 [2001]; Matter of Alicea v New York City Police Dept., 287 AD2d 286 [2001]). An agency is not required to create records in order to comply with a FOIL request (Public Officers Law § 89 [3]; see Matter of Data Tree, LLC v Romaine, 9 NY3d 454, 464 [2007]). Concur — Tom, J.P., Andrias, DeGrasse, Richter and Roman JJ.

Cite This Page — Counsel Stack

Bluebook (online)

96 A.D.3d 531, 946 N.Y.S.2d 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heron-v-office-of-district-attorney-nyappdiv-2012.

Opinion

Related

Cite This Page — Counsel Stack