Rattley v. New York City Police Department
Opinion of the Court
—Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered October 8, 1998, which granted respondent’s motion to dismiss the CPLR article 78 petition as moot, finding that petitioner had been provided with all documents in the respondent’s possession, unanimously reversed, on the law, without costs, and the matter remitted to Supreme Court for further proceedings in accordance with the decision herein.
The petition was improperly dismissed since the record shows that petitioner’s claims were not moot and that respondent’s alleged evidentiary proof offered in opposition was an insufficient basis for such a determination. Although respondent provided access to some of the records petitioner originally requested under the Freedom of Information Law ([FOIL] Public Officers Law § 84 et seq.), respondent’s form letter to petitioner dated June 12, 1998 alleged that it was unable to
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