Legal Opinion

Whitley v. New York County District Attorney's Office

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 2012Published

1Opinion 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]).…

2Cases cited4 opinions

  1. Lesher v. HynesNew York Court of Appeals · 2012
  2. Mulgrew v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 2011
  3. Legal Aid Society v. New York City Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2000
  4. Moreno v. New York County District Attorney's OfficeAppellate Division of the Supreme Court of the State of New York · 2007

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