Appellate Division of the Supreme Court of New York, 2012

Whitley v. New York County District Attorney's Office

Whitley v. New York County District Attorney's Office
Appellate Division of the Supreme Court of New York · Decided December 6, 2012
101 A.D.3d 455; 955 N.Y.2d 42
Whitley v. New York County District Attorney's Office

Opinion of the Court

Respondents’ determination was not affected by an error of law (see CPLR 7803 [3]; Mulgrew v Board of Educ. of the City School Dist. of the City of N.Y., 87 AD3d 506, 507 [1st Dept 2011], lv denied 18 NY3d 806 [2012]). Respondents correctly determined that disclosure of the requested documents would have interfered with petitioner’s then-pending criminal appeal and any subsequent proceedings in the underlying criminal case (see Public Officers Law § 87 [2] [e] [i]; Matter of Moreno v New York County Dist. Attorney’s Off., 38 AD3d 358, 358 [1st Dept 2007], lv denied 9 NY3d 801 [2007]). Respondents genetically identified the kinds of documents sought and the risks of disclosing the documents (see Matter of Lesher v Hynes, 19 NY3d 57, 67 [2012]; Matter of Legal Aid Socy. v New York City Police Dept., 274 AD2d 207, 214 [1st Dept 2000], lv dismissed in part, denied in part 95 NY2d 956 [2000]). We reject petitioner’s contention that respondents were required to set forth particularized findings about whether the FOIL exemption at issue applied to each responsive document (see Lesher, 19 NY3d at 67; Legal Aid Socy., 274 AD2d at 213-214).

We have considered petitioner’s remaining contentions and find them unavailing. Concur — Tom, J.P., Mazzarelli, Moskowitz, Abdus-Salaam and Feinman, JJ.

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