McGee v. Johnson

Contrary to the Supreme Court’s conclusion, there is no evidence that the document that is the subject of this appeal, i.e., the Carmel Police Department’s (hereinafter the CPD), final determination of a “civilian complaint” made against police officers, was provided to the petitioner in response to his Freedom of Information Law (hereinafter FOIL) (see Public Officers Law § 84 et seq.) request. Indeed, in arguing that this document was exempt from disclosure under FOIL, the CPD implicitly acknowledged that the document was not provided to the petitioner.

Nonetheless, we affirm the denial of…