Curry v. Nassau County Sheriff's Department
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The Supreme Court properly denied the petitioner’s motion to hold the respondents in civil contempt without holding a hearing to determine whether they conducted a diligent search to locate the videotapes he requested pursuant to the Freedom of Information Law (Public Officers Law § 84 et seq. [hereinafter FOIL]). The respondents’ letter certifying that the requested videotapes could not be located after a diligent search satisfied their obligation under Public Officers Law § 89 (3), which “does not specify the manner in which an agency must certify that documents cannot be located” (Matter…
2Cases cited10 opinions
- Rattley v. New York City Police DepartmentNew York Court of Appeals · 2001
- Ahlers v. DillonAppellate Division of the Supreme Court of the State of New York · 1988
- Calvin K. of Oakknoll v. De FrancescoAppellate Division of the Supreme Court of the State of New York · 1994
- Robert v. LoCiceroAppellate Division of the Supreme Court of the State of New York · 2006
- Rodriguez v. DillonAppellate Division of the Supreme Court of the State of New York · 1994
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3Cited by10 opinions
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- Matter of Jackson v. Albany County Dist. Attorney's Off.Appellate Division of the Supreme Court of the State of New York · 2019
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