Matter of Curro v. Capasso

Full title: In the Matter of ANDREW CURRO, Appellant, v. LOUIS J. CAPASSO et al.…

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

Date published: Nov 22, 1994

209 A.D.2d 346 (N.Y. App. Div. 1994)

619 N.Y.S.2d 549

Opinion

November 22, 1994

Appeal from the Supreme Court, New York County (Helen L. Freedman, J.).

Except for those records required to be maintained by Public Officers Law § 87 (3) and § 88 (3), FOIL does not "require any entity to prepare any record not possessed or maintained by such entity" (Public Officers Law § 89). Here, the affidavit of the records access officer established that the documents requested by petitioner could not be located after diligent and thorough search and thus were not in respondents' possession. Accordingly, the IAS Court properly denied the petition (Matter of Ahlers v. Dillon, 143 A.D.2d 225).

We have considered petitioner's other arguments and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Ellerin, Kupferman and Williams, JJ.