Opinion
15920 Index No. 156799/20 Case No. 2021-03900
05-10-2022
In the Matter of NEW YORK CIVIL LIBERTIES UNION, Petitioner-Appellant, v. NEW YORK CITY POLICE DEPARTMENT, Defendant-Respondent.
New York Civil Liberties Union Foundation, New York (Bobby Hodgson of counsel), for appellant. Sylvia O. Hinds–Radix, Corporation Counsel, New York (Nwamaka Ejebe of counsel), for respondent.
New York Civil Liberties Union Foundation, New York (Bobby Hodgson of counsel), for appellant.
Sylvia O. Hinds–Radix, Corporation Counsel, New York (Nwamaka Ejebe of counsel), for respondent.
Renwick, J.P., Mazzarelli, Gonza´lez, Mendez, JJ.
Order and judgment (one paper), Supreme Court, New York County (Carol R. Edmead, J.), entered April 1, 2021, which denied the petition seeking to compel respondent New York City Police Department (N.Y.P.D) to disclose records requested by petitioner pursuant to the Freedom of Information Law, and granted NYPD's cross motion to dismiss the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
Respondent met its burden of "articulating a particularized and specific justification for denying access" ( Matter of Kosmider v. Whitney, 34 N.Y.3d 48, 54, 108 N.Y.S.3d 399, 132 N.E.3d 592 [2019] [internal quotation marks omitted]) to information as to which New York City public schools used metal detectors, which schools requested the removal of metal detectors, whether those requests were granted, the number of school safety agents assigned to each school and borough, and the types of weapons seized in public schools citywide during certain time periods. Notwithstanding respondent's partial disclosures of some of the information sought, respondent established that disclosing comprehensive statistics as to the time periods at issue would undermine the deterrent effect maintaining the confidentiality of such information (see Matter of Empire Ctr. for Pub. Policy v. New York City Off. of Payroll Admin., 187 A.D.3d 435, 436, 133 N.Y.S.3d 5 [1st Dept. 2020], lv denied 36 N.Y.3d 906, 2021 WL 628252 [2021] ; Matter of Grabell v. New York City Police Dept., 139 A.D.3d 477, 478, 32 N.Y.S.3d 81 [1st Dept.], lv denied 28 N.Y.3d 910, 2016 WL 7364686 [2016] ).
There is no basis for awarding attorney's fees to petitioner, since it has not "substantially prevailed" ( Public Officers Law § 89[4][c][ii] ).