Zarvela v. New York State Division of Parole

Appellate Division of the Supreme Court of New York

Zarvela v. New York State Division of Parole

252 A.D.2d 696, 675 N.Y.S.2d 917, 1998 N.Y. App. Div. LEXIS 8150

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

DecidedJuly 9, 1998

StatusPublished

Cited by2 cases

This text of 252 A.D.2d 696 (Zarvela v. New York State Division of Parole) 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

Zarvela v. New York State Division of Parole, 252 A.D.2d 696, 675 N.Y.S.2d 917, 1998 N.Y. App. Div. LEXIS 8150 (N.Y. Ct. App. 1998).

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Opinion

—Appeal from a judgment of the Supreme Court (Torraca, J.), entered September 17,1997 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request under the Freedom of Information Law.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding pursuant to the Freedom of Information Law (Public Officers Law art 6 [hereinafter FOIL]) seeking disclosure of another individual’s parole records. Supreme Court dismissed the petition concluding, inter alia, that the requested parole documents were confidential and therefore exempt from disclosure, prompting this appeal by petitioner. We affirm. In light of the fact that Executive Law § 259-k and the rules promulgated pursuant thereto (see, 9 NYCRR 8000.5) direct that parole records remain confidential, we find that petitioner’s FOIL request was properly denied (see, Matter of Collins v New York State Div. of Parole, 251 AD2d 738). We have [697]*697reviewed petitioner’s remaining contentions and find them to be without merit.

Crew III, J. P., White, Yesawich Jr., Peters and Carpinello, JJ., concur. Ordered that the judgment is affirmed, without costs.

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—Appeal from a judgment of the Supreme Court (Torraca, J.), entered September 17,1997 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent denying petitioner’s request under the Freedom of Information Law.

Petitioner, a prison inmate, commenced this CPLR article 78 proceeding pursuant to the Freedom of Information Law (Public Officers Law art 6 [hereinafter FOIL]) seeking disclosure of another individual’s parole records. Supreme Court dismissed the petition concluding, inter alia, that the requested parole documents were confidential and therefore exempt from disclosure, prompting this appeal by petitioner. We affirm. In light of the fact that Executive Law § 259-k and the rules promulgated pursuant thereto (see, 9 NYCRR 8000.5) direct that parole records remain confidential, we find that petitioner’s FOIL request was properly denied (see, Matter of Collins v New York State Div. of Parole, 251 AD2d 738). We have [697]*697reviewed petitioner’s remaining contentions and find them to be without merit.

Crew III, J. P., White, Yesawich Jr., Peters and Carpinello, JJ., concur. Ordered that the judgment is affirmed, without costs.

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252 A.D.2d 696, 675 N.Y.S.2d 917, 1998 N.Y. App. Div. LEXIS 8150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zarvela-v-new-york-state-division-of-parole-nyappdiv-1998.

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