MATTER OF BARRETT v. MORGENTHAU


74 N.Y.2d 907 (1989)

In the Matter of Michael Barrett, Respondent, v. Robert M. Morgenthau, as District Attorney of New York County, et al., Appellants.

Court of Appeals of the State of New York.

Decided November 16, 1989.


Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Morrie I. Kleinbart and Marc Frazier Scholl of counsel), appellants pro se.

Robert Selcov, Deborah Schneer and David C. Leven for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

Petitioner commenced this article 78 proceeding to compel production of certain documents after his Freedom of Information Law request, initially directed to the District Attorney, was denied in a letter signed by the District Attorney's records access officer. Inasmuch as the District Attorney failed to advise petitioner of the availability...

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