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MATTER OF CURRO v. CAPASSO

209 A.D.2d 346 (1994)

619 N.Y.S.2d 549

In the Matter of Andrew Curro, Appellant, v. Louis J. Capasso et al., Respondents

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

November 22, 1994

Except for those records required to be maintained by Public Officers Law § 87 (3) and § 88 (3), FOIL does not "require any entity to prepare any record not possessed or maintained by such entity" (Public Officers Law § 89 [3]). Here, the affidavit of the records access officer established that the documents requested by petitioner could not be located after diligent and thorough search and thus were not in respondents' possession. Accordingly, the IAS Court...

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