Matter of Smith v. Capasso

Full title: In the Matter of KEVIN SMITH, Appellant, v. LOUIS J. CAPASSO, as Records…

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

Date published: Jan 20, 1994

200 A.D.2d 502 (N.Y. App. Div. 1994)

608 N.Y.S.2d 815

Opinion

January 20, 1994

Appeal from the Supreme Court, New York County (Ira Gammerman, J.).

The petitioner, a defendant in a Kings County criminal case, sought certain police documents pursuant to the Freedom of Information Law. The respondents provided the petitioner with the majority of the documents that he requested, and claimed that the remaining requested documents were either not in their possession or exempt pursuant to Public Officers Law § 87 (2) (g) (iii) and (e) (iv). Respondents provided a sufficiently detailed basis to support these claims of nonpossession and exemption to negate the necessity of an in camera review of the documents (Matter of Fink v. Lefkowitz, 47 N.Y.2d 567; Matter of Miracle Mile Assocs. v Yudelson, 68 A.D.2d 176, 180, lv denied 48 N.Y.2d 706).

Concur — Sullivan, J.P., Asch, Rubin, Nardelli and Williams, JJ.