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FAPPIANO v. NYC POLICE DEPT.

95 N.Y.2d 738 (2001)

747 N.E.2d 1286

724 N.Y.S.2d 685

In the Matter of SCOTT FAPPIANO, Respondent, v. NEW YORK CITY POLICE DEPARTMENT, Appellant. In the Matter of CEASAR STAPLETON, Respondent, v. KAREN A. PAKSTIS, as Assistant Commissioner Records Access Officer, New York City Police Department, et al., Appellants. In the Matter of CHARLES DOYEN, Respondent, v. JAMES W. McMAHON, as Superintendent of the New York State Police, Appellant.

Court of Appeals of the State of New York.

Decided March 27, 2001.

Attorney(s) appearing for the Case

Michael D. Hess, Corporation Counsel of New York City (Kristin M. Helmers, Pamela Seider Dolgow, Francis F. Caputo, William Tesler and Doram Tamari of counsel), for appellant in the first above-entitled proceeding.

Scott Fappiano, respondent pro se in the first above-entitled proceeding.

Michael D. Hess, Corporation Counsel of New York City (Kristin M. Helmers, Leonard Koerner, William Tesler and Doram Tamari of counsel), for appellants in the second above-entitled proceeding.

Legal Aid Society, New York City (Steven B. Wasserman and Michele Maxian of counsel), for respondent in the second above-entitled proceeding.

Eliot Spitzer, Attorney General, Albany (Frank Brady, Preeta D. Bansal, Daniel Smirlock and Nancy A. Spiegel of counsel), for appellant in the third above-entitled proceeding.

Charles Doyen, respondent pro se in the third above-entitled proceeding.

Steven B. Wasserman, New York City, for Legal Aid Society, amicus curiae in the first and third above-entitled proceedings.

Chief Judge KAYE and Judges SMITH, LEVINE, WESLEY and ROSENBLATT concur; Judge GRAFFEO taking no part.

OPINION OF THE COURT

CIPARICK, J.

Petitioners in these three appeals each seek to compel the respondent police departments to comply with their Freedom of Information Law (FOIL) requests for records pertaining to the sex crimes for which they were convicted. Petitioners requested the documents for use in collateral review of their convictions. The police departments, citing Civil Rights Law § 50-b (1), refused the requests in their entirety. Civil Rights...

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