Marino v. Rosa

Peters, J.P.

Appeal from a judgment of the Supreme Court (Sackett, J.), entered August 23, 2007 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition.

On the same day that he made an identical request to the Governor (see Matter of Marino v Pataki, 55 AD3d 1171 [2008] [decided herewith]), petitioner, an inmate at Collins Correctional Facility in Erie County, filed a request under the Freedom of Information Law (see Public Officers Law art 6 [hereinafter FOIL]) for any and all records related to his prior criminal case which…