Pennington v. Clark

OPINION OF THE COURT

David J. Mahoney, J.

Petitioner commenced this proceeding to seek review of a de*382termination by the Freedom of Information Law (FOIL) (Public Officers Law § 87 et seq.) appeals officer for the Erie County District Attorney regarding the denial of her request for certain records. Specifically, petitioner seeks the release of autopsy photographs and photograph log, a copy of a news broadcast videotape, and a “secret file.”

Preliminarily, the court addresses the procedural issues raised by the parties. First, the court sees no purpose in dismissing this proceeding based on…