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MATTER OF PITTARI v. PIRRO

258 A.D.2d 202 (1999)

696 N.Y.S.2d 167

In the Matter of STEPHEN J. PITTARI, as Chief Attorney of Legal Aid Society of Westchester County, Appellant, v. JEANINE F. PIRRO, as District Attorney of Westchester County, et al., Respondents.

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

August 16, 1999.

Attorney(s) appearing for the Case

Stephen J. Pittari, White Plains (David B. Weisfuse of counsel), appellant pro se.

Jeanine Pirro, District Attorney of Westchester County, White Plains (Richard E. Weill of counsel), respondent pro se.

Alan D. Scheinkman, County Attorney of Westchester County, White Plains (Stacey Dolgin-Kmetz and Deborah Porder of counsel), for Louis D'Aliso, respondent.

MANGANO, P.J., O'BRIEN and SULLIVAN, JJ., concur.

OPINION OF THE COURT

GOLDSTEIN, J.

At issue here is whether a defendant in a pending criminal proceeding may seek disclosure under the Freedom of Information Law (Public Officers Law § 87 [hereinafter FOIL]) of records compiled for law enforcement purposes "pertaining to the arrest and prosecution" of the defendant.

In the instant case, the petitioner, the Chief Attorney of the Legal Aid Society of Westchester County, sought documents "pertaining...

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