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Rodriguez v. Johnson

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


October 20, 2009

IN RE ELIAS RODRIGUEZ, PETITIONER-APPELLANT,
v.
ROBERT T. JOHNSON, ETC., RESPONDENT-RESPONDENT, ELIZABETH F. BERNHARDT, ETC., ET AL., RESPONDENTS.

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), entered January 27, 2006, denying petitioner's Freedom of Information Law (FOIL) application to compel respondent District Attorney, inter alia, to disclose certain documents pertaining to petitioner's criminal prosecution, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Tom, J.P., Buckley, Catterson, Freedman, Abdus-Salaam, JJ.

51679/05

We affirm for reasons different from those stated by the article 78 court. We find that respondent met its obligations under FOIL (Public Officers Law § 84 et seq.). Respondent satisfied the requirements of section 89(3) by certifying that it had conducted a diligent search for the documents it could not locate (see Matter of Bridgewater v Johnson, 44 AD3d 549 [2007]). It properly deleted identifying characteristics of witnesses from certain documents on the ground that disclosure would constitute an unwarranted invasion of personal privacy (see Public Officers Law § 87[2][b]). It properly withheld, pursuant to the public interest privilege, the statements of two witnesses who spoke with law enforcement personnel (see Sanchez v City of New York, 201 AD2d 325 [1994]). Respondent was not required to provide either reprints of photographs (Matter of Adams v Hirsch, 182 AD2d 583 [1992]) or duplicative documents (see Matter of Cobb v Lombardi, 261 AD2d 172 [1999]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091020

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