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MATTER OF HILLARD v. CLARK

254 A.D.2d 756 (1998)

677 N.Y.S.2d 857

In the Matter of Daryl Hillard, Respondent, v. Frank J. Clark, Iii, as Erie County District Attorney, Appellant. (Proceeding No. 1.) In the Matter of Derrick M. Luchey, Respondent, v. Frank J. Clark, Iii, as Erie County District Attorney, Appellant. (Proceeding No. 2.)

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

October 2, 1998

Judgment unanimously affirmed without costs.

Memorandum:

Petitioners commenced these CPLR article 78 proceedings pursuant to the Freedom of Information Law ([FOIL] Public Officers Law art 6) to compel respondent, the Erie County District Attorney, to disclose documents relating to their prosecution. In his answers, respondent denied the FOIL requests on the ground that the rights of petitioners to obtain records pursuant to FOIL were suspended while they were...

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