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MATTER OF MIXON v. McMAHON

302 A.D.2d 714 (2003)

754 N.Y.S.2d 589

In the Matter of CHARLIE MIXON, Appellant, v. JAMES W. McMAHON, as Superintendent of the New York State Police, et al., Respondents.

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

Decided February 13, 2003.

Crew III, J.P.

Petitioner, an inmate at Elmira Correctional Facility in Chemung County, made five separate Freedom of Information Law (Public Officers Law art 6 [hereinafter FOIL]) requests to respondents for information gathered during the investigation of various homicides for which petitioner was convicted. Following each FOIL request, respondents advised either that they did not have the records requested or that petitioner's request was duplicative of an earlier...

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