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NYS RIFLE & PISTOL ASS'N v. KELLY

55 A.D.3d 222 (2008)

863 N.Y.S.2d 439

In the Matter of NEW YORK STATE RIFLE AND PISTOL ASSOCIATION, INC., Respondent, v. RAYMOND W. KELLY, as Commissioner of the Police Department of the City of New York et al., Appellants.

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

September 18, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Alan G. Krams, Kristin M. Helmers and Leonard Koerner of counsel), for appellants.

McMahon, Martine & Gallagher, LLP, New York City (Patrick W. Brophy of counsel), for respondent.

MAZZARELLI, J.P., WILLIAMS, SWEENY and MOSKOWITZ, JJ., concur.

OPINION OF THE COURT

CATTERSON, J.

In this CPLR article 78 proceeding, we reverse a judgment that granted the petitioner's request for a list, in digital format, of the names and addresses of all pistol licensees in the City of New York, redacted to delete current and former police and correction officers and government employees as provided in Public Officers Law § 89 (7). We find that the respondent Commissioner is exempt from having to comply with...

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