Lebron v. Morales

Appellate Division of the Supreme Court of New York

Lebron v. Morales

271 A.D.2d 241, 706 N.Y.S.2d 329, 2000 N.Y. App. Div. LEXIS 3886

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

DecidedApril 6, 2000

StatusPublished

This text of 271 A.D.2d 241 (Lebron v. Morales) 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

Lebron v. Morales, 271 A.D.2d 241, 706 N.Y.S.2d 329, 2000 N.Y. App. Div. LEXIS 3886 (N.Y. Ct. App. 2000).

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Opinion

—Judgment, Supreme Court, New York County (Edward Lehner, J.), entered on or about April 28, 1999, which denied petitioner’s application to compel respondent to make available certain documents under [242]*242the Freedom of Information Law, and dismissed the petition, unanimously affirmed, without costs.

Petitioner failed to meet his burden of establishing by admissible evidence that the documents requested had not been provided to the attorney who had represented him at his criminal trial, or that the documents were no longer available to him (see, Matter of Brightley v Lai, 266 AD2d 131). Indeed, it appears that such materials have been sent to him by his former attorney on four occasions. Concur — Sullivan, P. J., Nardelli, Ellerin, Wallach and Andrias, JJ.

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—Judgment, Supreme Court, New York County (Edward Lehner, J.), entered on or about April 28, 1999, which denied petitioner’s application to compel respondent to make available certain documents under [242]*242the Freedom of Information Law, and dismissed the petition, unanimously affirmed, without costs.

Petitioner failed to meet his burden of establishing by admissible evidence that the documents requested had not been provided to the attorney who had represented him at his criminal trial, or that the documents were no longer available to him (see, Matter of Brightley v Lai, 266 AD2d 131). Indeed, it appears that such materials have been sent to him by his former attorney on four occasions. Concur — Sullivan, P. J., Nardelli, Ellerin, Wallach and Andrias, JJ.

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Bluebook (online)

271 A.D.2d 241, 706 N.Y.S.2d 329, 2000 N.Y. App. Div. LEXIS 3886, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lebron-v-morales-nyappdiv-2000.

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