Scott v. New York City Police Dept.
| Decision Date | 07 March 1996 |
| Citation | 225 A.D.2d 338,638 N.Y.S.2d 612 |
| Parties | In re Application of Harold SCOTT, Petitioner-Appellant, For a Judgment, etc., v. The NEW YORK CITY POLICE DEPARTMENT, Respondent-Respondent. |
| Court | New York Supreme Court — Appellate Division |
Harold Scott, Pro Se.
M.G. King, for respondent.
Before MILONAS, J.P., and KUPFERMAN, NARDELLI and MAZZARELLI, JJ.
Order and judgment (one paper), Supreme Court, New York County (William McCooe, J.), entered November 15, 1993, which, inter alia, denied petitioner's application pursuant to CPLR article 78 to compel respondent's disclosure of certain police records sought by petitioner under the Freedom of Information Law (FOIL), unanimously affirmed, without costs.
The police officer's memo book sought by petitioner is exempt from FOIL disclosure (Matter of Scott v. Chief Medical Examiner of City of N.Y., 179 A.D.2d 443, 444, 577 N.Y.S.2d 861, lv. denied 79 N.Y.2d 758, 584 N.Y.S.2d 446, 594 N.E.2d 940, cert. denied, 506 U.S. 891, 113 S.Ct. 259, 121 L.Ed.2d 190; see also, Gould v. New York City Police Dept., 223 A.D.2d 468, 636 N.Y.S.2d 1009; Matter of Johnson v. New York City Police Dept., 220 A.D.2d 320, 632 N.Y.S.2d 568). With respect to the other records sought in both petitioner's original and supplemental petitions, respondent's certification that it has provided petitioner with all of the records in its possession, other than the memo book, relating to petitioner's arrest and conviction was sufficient to establish the nonexistence of the records sought (see, Matter of Swinton v. Record Access Officers, 198 A.D.2d 165, 604 N.Y.S.2d 59; Matter of Rodriguez v. Dillon, 210 A.D.2d 416, 620 N.Y.S.2d 96, lv. denied 85 N.Y.2d 807, 628 N.Y.S.2d 50, 651 N.E.2d 918).
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