Under Public Officers Law § 89 (3), "[n]othing in [the Freedom of Information Law] shall be construed to require any entity to prepare any record not possessed or maintained by such entity". Inasmuch as the ballistics report requested by petitioner was destroyed and his line-up photograph cannot be located, respondents Millett and the New York City Police Department are not required (nor able) to provide petitioner with the requested records.
While petitioner...
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