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MATTER OF FORSYTH v. CITY OF ROCHESTER

540 CA 21-01456.

207 A.D.3d 1236 (2022)

172 N.Y.S.3d 282

2022 NY Slip Op 04507

In the Matter of Theodore Forsyth, Respondent, v. City of Rochester et al., Appellants.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 8, 2022.

Attorney(s) appearing for the Case

PATRICK BEATH, DEPUTY CORPORATION COUNSEL, ROCHESTER (STEPHANIE A. PRINCE OF COUNSEL), FOR RESPONDENTS-APPELLANTS.

ROTH & ROTH, LLP, NEW YORK CITY (ELLIOT D. SHIELDS OF COUNSEL), FOR PETITIONER-RESPONDENT.

Present—Peradotto, J.P., Lindley, NeMoyer, Curran and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner made a request pursuant to the Freedom of Information Law ([FOIL] Public Officers Law art 6) for certain video footage recorded by respondent Rochester Police Department (RPD) as part of its Body-Worn Camera (BWC) program. Respondents responded by providing petitioner, pursuant to their policy, access to a video consisting of fully blurred images with...

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