Luchey v. State

Appeal from a judgment of the Supreme Court (Donohue, J.), entered July 28, 1997 in Albany County, which denied petitioner’s motion for leave to renew a prior proceeding brought pursuant to CPLR article 78 which was dismissed.

Petitioner, an inmate at Sing Sing Correctional Facility in Westchester County, commenced a CPLR article 78 proceeding challenging the denial of his request pursuant to the Freedom of Information Law (Public Officers Law art 6) for information pertaining to the investigation leading to his arrest. Supreme Court ultimately granted respondent’s motion to dismiss the…