Robert v. Fondulis

In a proceeding pursuant to CELR article 78 to compel production *1003of certain documents pursuant to the Freedom of Information Law (Public Officers Law article 6), the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Roberto, Jr., J.), dated December 12, 2005, which, inter alia, granted that branch of the cross motion of the respondents Robert LoCicero and Paul Kietzman which was to dismiss the petition insofar as asserted against them pursuant to CPLR 3211 (a) (8), denied the petition, and dismissed the proceeding.

Ordered that the order and…