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MATTER OF SANCHEZ v. BROWN

269 A.D.2d 455 (2000)

702 N.Y.S.2d 924

In the Matter of ALVARO A. SANCHEZ, Appellant, v. RICHARD A. BROWN, Respondent.

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

Decided February 14, 2000.

Ordered that the judgment is affirmed, without costs.

Subsequent to the petitioner's 1986 murder conviction (see, People v Sanchez, 167 A.D.2d 489), he commenced this CPLR article 78 proceeding to obtain the District Attorney's casefile. The respondent submitted a detailed affidavit attesting to the diligence of the search for the casefile and that it was not found. Thus, the respondent satisfied his burden of demonstrating...

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