IN THE MATTER OF FRANKLIN v. MINER


21 A.D.3d 276 (2005)

799 N.Y.S.2d 417

In the Matter of FREDERICK FRANKLIN, Appellant, v. TARA CHRISTIE MINER, as Records Access Officer, New York County District Attorney's Office, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

August 11, 2005.


Because respondent is an agency under the Freedom of Information Law (Public Officers Law § 84 et seq.) and it presently holds the material requested by petitioner, it must furnish him with copies thereof, unless it demonstrates that the material falls within a statutory exemption (Matter of Newsday, Inc. v. Empire State Dev. Corp., 98 N.Y.2d 359, 362 [2002]). The material does not fall within either of the two exemptions...

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