Smith v. Capasso

Appellate Division of the Supreme Court of New York

Smith v. Capasso

200 A.D.2d 502, 608 N.Y.S.2d 815

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

DecidedJanuary 20, 1994

StatusPublished

Cited by3 cases

This text of 200 A.D.2d 502 (Smith v. Capasso) 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

Smith v. Capasso, 200 A.D.2d 502, 608 N.Y.S.2d 815 (N.Y. Ct. App. 1994).

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Opinion

—Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered on or about July 1, 1993, which dismissed the CPLR article 78 proceeding seeking disclosure of certain agency documents pursuant to the New York State Freedom of Information Law, unanimously affirmed, without costs.

The petitioner, a defendant in a Kings County criminal case, sought certain police documents pursuant to the Freedom of Information Law. The respondents provided the petitioner with the majority of the documents that he requested, and claimed that the remaining requested documents were either not in their possession or exempt pursuant to Public Officers Law § 87 (2) (g) (iii) and (e) (iv). Respondents provided a sufficiently detailed basis to support these claims of nonpossession and exemption to negate the necessity of an in camera review of the documents (Matter of Fink v Lefkowitz, 47 NY2d 567; Matter of Miracle Mile Assocs. v Yudelson, 68 AD2d 176, 180, lv denied 48 NY2d 706). Concur — Sullivan, J. P., Asch, Rubin, Nardelli and Williams, JJ.

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—Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered on or about July 1, 1993, which dismissed the CPLR article 78 proceeding seeking disclosure of certain agency documents pursuant to the New York State Freedom of Information Law, unanimously affirmed, without costs.

The petitioner, a defendant in a Kings County criminal case, sought certain police documents pursuant to the Freedom of Information Law. The respondents provided the petitioner with the majority of the documents that he requested, and claimed that the remaining requested documents were either not in their possession or exempt pursuant to Public Officers Law § 87 (2) (g) (iii) and (e) (iv). Respondents provided a sufficiently detailed basis to support these claims of nonpossession and exemption to negate the necessity of an in camera review of the documents (Matter of Fink v Lefkowitz, 47 NY2d 567; Matter of Miracle Mile Assocs. v Yudelson, 68 AD2d 176, 180, lv denied 48 NY2d 706). Concur — Sullivan, J. P., Asch, Rubin, Nardelli and Williams, JJ.

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Bluebook (online)

200 A.D.2d 502, 608 N.Y.S.2d 815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-capasso-nyappdiv-1994.

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