Legal Opinion

Hillard v. Clark

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

Decided October 2, 1998Published

1Opinion of the Court

Judgment unanimously affirmed without costs. Memorandum: Petitioners commenced these CPLR article 78 proceedings pursuant to the Freedom of Information Law ([FOIL] Public Officers Law art 6) to compel respondent, the Erie County District Attorney, to disclose documents relating to their prosecution. In his answers, respondent denied the FOIL requests on the ground that the rights of petitioners to obtain records pursuant to FOIL were suspended while they were in prison, relying on Civil Rights Law §§ 79 and 79-a. Supreme Court properly granted the petitions.

Contrary to respondent’s…

2Cases cited6 opinions

  1. Gould v. New York City Police DepartmentNew York Court of Appeals · 1996
  2. Konigsberg v. CoughlinNew York Court of Appeals · 1986
  3. Guerrier v. Hernandez-CuebasAppellate Division of the Supreme Court of the State of New York · 1991
  4. Graziano v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1995
  5. Claim of Bilello v. A. J. Eckert Co.Appellate Division of the Supreme Court of the State of New York · 1973

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