Opinion
January 18, 1996
Appeal from the Supreme Court, Albany County (Torraca, J.).
Petitioner, a prison inmate, was transferred from Elmira Correctional Facility in Chemung County to Clinton Correctional Facility in Clinton County after being designated a public risk. Thereafter, petitioner made a request under the Freedom of Information Law for unredacted copies of his transfer assessment forms. Respondent denied this request on the basis that the redacted material was evaluative in nature.
Petitioner then commenced this proceeding pursuant to CPLR article 78 seeking, inter alia, to compel respondent to release the redacted material. Supreme Court dismissed the petition after conducting an in camera review of the redacted material, finding, inter alia, that it fell within the exception to disclosure contained in Public Officers Law § 87 (2) (g). Petitioner contends, inter alia, that this was error. Having reviewed the redacted material, we agree with Supreme Court that it is encompassed by Public Officers Law § 87 (2) (g) and that, consequently, petitioner is not entitled to its disclosure ( see, Matter of Rowland D. v Scully, 152 A.D.2d 570, affd 76 N.Y.2d 725; cf., Matter of Grune v New York State Dept. of Correctional Servs., 166 A.D.2d 834). We have considered petitioner's remaining claims, including that he was improperly designated a public risk, and find them to be without merit.
Mikoll, J.P., Crew III, Casey, Peters and Spain, JJ., concur. Ordered that the judgment is affirmed, without costs.