Opinion
September 23, 1993
Appeal from the Supreme Court, Sullivan County (Williams, J.).
Petitioner commenced this proceeding to compel the release of certain documents previously requested under the Freedom of Information Law (Public Officers Law art 6). The documents pertained to a 1983 criminal prosecution against petitioner. According to the Town Clerk of the Town of Neversink, the responses and documentation provided to petitioner constituted all of the records that presently exist relating to the 1983 prosecution. The Town Clerk also averred that she had charge and custody of all existing records concerning matters pending before respondent during his tenure as Town Justice. This included the time period that petitioner's case was before respondent. Based on this evidence, Supreme Court concluded that there was nothing more that could be produced and granted respondent's motion to dismiss the petition.
In affirming Supreme Court, we initially note that, with certain exceptions not pertinent to this case, a public entity is not required to "prepare any record not possessed or maintained by" it (Public Officers Law § 89). Here, petitioner's assertion that not all of the responsive documents were produced is based on nothing more than unsupported speculation and his own subjective belief that more records exist (see, Mitchell v Slade, 173 A.D.2d 226, lv denied 78 N.Y.2d 863; Matter of Corbin v Ward, 160 A.D.2d 596, lv denied 76 N.Y.2d 706). There is simply no evidence to indicate that there is further documentation which could be provided to petitioner. Thus, the petition was properly dismissed. In considering petitioner's remaining arguments, we reject them as unpersuasive.
Mikoll, J.P., Mercure, Cardona, Mahoney and Casey, JJ., concur. Ordered that the judgment is affirmed, without costs.