V. F. V. Construction Co. v. Kirwan

Appellate Division of the Supreme Court of New York

V. F. V. Construction Co. v. Kirwan

51 A.D.2d 753, 379 N.Y.S.2d 166, 1976 N.Y. App. Div. LEXIS 11301

Appellate Division of the Supreme Court of the State of New York·Decided February 9, 1976·Published·Cited by 2 cases

Opinion

In a proceeding pursuant to CPLR article 78 to compel respondent to permit petitioners to inspect and to copy (1) the report of the investigation made by the State Police as to the cause of a certain fire and (2) the results of certain polygraph tests, petitioners appeal from a judgment of the Supreme Court, Westchester County, entered August 7, 1975, which denied the application. Judgment affirmed, with $50 costs and disbursements. In light of the record herein, it appears that the information sought to be disclosed constitutes part of investigatory files compiled for law enforcement purposes which, by virtue of section 88 (subd 7, par d) of the Public Officers Law, are exempt from availability for public inspection and copying. No case has been made out by petitioners for overruling that exemption (cf. Cirale v 80 Pine St. Corp., 35 NY2d 113, 117-119). Latham, Acting P. J., Hargett, Christ, Shapiro and Titone, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to compel respondent to permit petitioners to inspect and to copy (1) the report of the investigation made by the State Police as to the cause of a certain fire and (2) the results of certain polygraph tests, petitioners appeal from a judgment of the Supreme Court, Westchester County, entered August 7, 1975, which denied the application. Judgment affirmed, with $50 costs and disbursements. In light of the record herein, it appears that the information sought to be disclosed constitutes part of investigatory files compiled for law enforcement purposes which, by virtue of section 88 (subd 7, par d) of the Public Officers Law, are exempt from availability for public inspection and copying. No case has been made out by petitioners for overruling that exemption (cf. Cirale v 80 Pine St. Corp., 35 NY2d 113, 117-119). Latham, Acting P. J., Hargett, Christ, Shapiro and Titone, JJ., concur.

V. F. V. Construction Co. v. Kirwan, 51 A.D.2d 753, 379 N.Y.S.2d 166, 1976 N.Y. App. Div. LEXIS 11301 (N.Y. Ct. App. 1976).

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Opinion

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