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Matter of Scarola v. Morgenthau

Appellate Division of the Supreme Court of New York, First Department
Jan 20, 1998
246 A.D.2d 417 (N.Y. App. Div. 1998)

Summary

holding statements made by individuals alleged to be “known informants” exempt from disclosure because disclosure would, inter alia, be an unwarranted invasion of their personal privacy

Summary of this case from Asian Am. Legal Def. & Educ. Fund v. N.Y.C. Police Dep't

Opinion

January 20, 1998

Appeal from the Supreme Court, New York County (Paula Omansky, J.).


We find, under the circumstances presented, that petitioner is entitled to the documents that had previously been provided to his former attorney during his criminal prosecution to the extent they are not exempt from disclosure pursuant to FOIL. Petitioner offered satisfactory proof that his former attorney did not provide him with the documents, was no longer in possession of them and is no longer practicing law and has been disbarred. These unique facts sufficiently demonstrate that those documents are no longer available to petitioner ( see, Matter of Swinton v. Record Access Officers for City of N.Y. Police Dept., 198 A.D.2d 165; Matter of Moore v. Santucci, 151 A.D.2d 677).

The court properly denied access to statements made by individuals alleged by petitioner to be "known informants". Disclosure of such documents, if they exist, would constitute an unwarranted invasion of personal privacy, might endanger the safety of the informants and would necessarily reveal documents compiled for law enforcement purposes that would identify a confidential source. Therefore, they are exempt from disclosure under FOIL (Public Officers Law § 87 [b], [e] [iii]; [f]; see also Matter of Gould v. New York City Police Dept., 89 N.Y.2d 267).

We have reviewed petitioner's other contentions and find them without merit.

Concur — Ellerin, J.P., Williams, Tom and Mazzarelli, JJ.


Summaries of

Matter of Scarola v. Morgenthau

Appellate Division of the Supreme Court of New York, First Department
Jan 20, 1998
246 A.D.2d 417 (N.Y. App. Div. 1998)

holding statements made by individuals alleged to be “known informants” exempt from disclosure because disclosure would, inter alia, be an unwarranted invasion of their personal privacy

Summary of this case from Asian Am. Legal Def. & Educ. Fund v. N.Y.C. Police Dep't

In Matter of Scarola v Morgenthau (246 AD2d 417 [1st Dept 1998]), the First Department held that statements made by individuals alleged by petitioner to be "known informants" were exempt from disclosure under Public Officers Law § 87 (2)(b) since disclosure of such documents would, inter alia, be an unwarranted invasion of their personal privacy.

Summary of this case from Harbatkin v. New York City Dep't of Records & Info. Servs.
Case details for

Matter of Scarola v. Morgenthau

Case Details

Full title:In the Matter of MICHAEL SCAROLA, Appellant, v. ROBERT M. MORGENTHAU, as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 20, 1998

Citations

246 A.D.2d 417 (N.Y. App. Div. 1998)
668 N.Y.S.2d 174

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