Robles v. Tracy

—Mugglin, J.

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered August 24, 1999 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition for failure to state a cause of action.

Petitioner, a prison inmate, made a request pursuant to the Freedom of Information Law (Public Officers Law art 6 [hereinafter FOIL]) for copies of the parole release interview transcripts of two former inmates who testified at his criminal trial and any parole recommendations made by the District Attorney and Judge. Respondents denied…