Garcia v. Division of State Police

Appeal from a judgment of the Supreme Court (Canfield, J.), entered July 6, 2001 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondents’ motion to dismiss the petition.

In January 1993, petitioner, an inmate incarcerated at Sullivan Correctional Facility in Sullivan County, made a request under the Freedom of Information Law (Public Officers Law art 6 [hereinafter FOIL]) for records, files and memoranda that the State Police had concerning petitioner, including any correspondence between the State Police and the Dutchess County District Attorney’s office.…