Appellate Division of the Supreme Court of New York, 1999

Sportsmen's Ass'n for Firearms Education, Inc. v. Kane

Sportsmen's Ass'n for Firearms Education, Inc. v. Kane
Appellate Division of the Supreme Court of New York · Decided November 15, 1999
266 A.D.2d 396; 698 N.Y.S.2d 170; 1999 N.Y. App. Div. LEXIS 11516
Sportsmen's Ass'n for Firearms Education, Inc. v. Kane

Opinion of the Court

—In a proceeding pursuant to CPLR article 78 to compel the respondents to disclose certain documents pursuant to the Freedom of Information Law (Public Officers Law art 6), the petitioner appeals from a judgment of the Supreme Court, Nassau County (Feuerstein, J.), dated September 8, 1998, which, inter alia, dismissed the proceeding.

*397Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner’s contention, the Supreme Court properly refused to compel the disclosure of information protected by Penal Law § 400.00 (5) (see, Public Officers Law § 87 [2] [a]; Matter of Tartan Oil Corp. v State of N. Y. Dept. of Taxation & Fin., 239 AD2d 36).

The petitioner’s remaining contention is without merit. Bracken, J. P., Joy, Goldstein and Luciano, JJ., concur.

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