Legal Opinion · Dissent

Exoneration Initiative v. New York City Police Department

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

Decided February 6, 2014Published

1DissentFreedman, J.

I respectfully dissent to the extent that I would affirm both Supreme Court’s order and judgment directing respondent to disclose unredacted records that petitioner seeks under the Freedom of Information Law (Public Officers Law § 84 et seq.) (FOIL), and the court’s judgment awarding petitioner attorney’s fees under Public Officers Law § 89 (4) (c).

Petitioner, a nonprofit organization that investigates and, where it deems appropriate, litigates on behalf of indigent prisoners claiming their actual innocence, seeks access to New York City Police Department (NYPD) records relating to the…

2Cases cited8 opinions

  1. Rosario v. ErcoleCourt of Appeals for the Second Circuit · 2010
  2. New York Times Co. v. RegenhardNew York Court of Appeals · 2005
  3. Bellamy v. New York City Police DepartmentAppellate Division of the Supreme Court of the State of New York · 2011
  4. Bellamy v. New York City Police DepartmentNew York Court of Appeals · 2013
  5. Johnson v. New York City Police DepartmentAppellate Division of the Supreme Court of the State of New York · 1999

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