Leibowicz v. New York State Department of Taxation & Finance

Appeal from a judgment of the Supreme Court (McDonough, J.), entered April 22, 2010 in Albany County, which, among other things, dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of respondents denying petitioner’s Freedom of Information Law request.

We are not persuaded by petitioner’s contention that Supreme Court erred in denying his request to conduct certain discovery, including depositions, with regard to a search performed by respondent New York State Department of Taxation and Finance in response to his request under the Freedom…