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MATTER OF SCAROLA v. MORGENTHAU

246 A.D.2d 417 (1998)

668 N.Y.S.2d 174

In the Matter of Michael Scarola, Appellant, v. Robert M. Morgenthau, as District Attorney of New York County, Respondent

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

January 20, 1998

We find, under the circumstances presented, that petitioner is entitled to the documents that had previously been provided to his former attorney during his criminal prosecution to the extent they are not exempt from disclosure pursuant to FOIL. Petitioner offered satisfactory proof that his former attorney did not provide him with the documents, was no longer in possession of them and is no longer practicing law and has been disbarred...

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