Curro v. Capasso

—Order and judgment (one paper), Supreme Court, New York County (Helen L. Freedman, J.), entered November 24, 1992, which denied petitioner’s application pursuant to CPLR article 78 to compel respondents to provide certain documents pursuant to the Freedom of Information Law (FOIL) on the merits and granted respondents’ motion to vacate their default, unanimously affirmed, without costs.

Except for those records required to be maintained by Public Officers Law §87 (3) and §88 (3), FOIL does not "require any entity to prepare any record not possessed or maintained by such entity” (Public…