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IN THE MATTER OF DAUM v. TESSLER

24 A.D.3d 214 (2005)

804 N.Y.S.2d 920

In the Matter of TERRY DAUM, Appellant, v. WILLIAM TESSLER, as Records Access Appeals Officer, et al., Respondents.

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

December 13, 2005.

Respondents' response to petitioner's Freedom of Information Law request, providing certain documents and certifying that the other requested documents could not be found despite a diligent search, was proper (see Public Officers Law § 89 [3]; Matter of Rattley v. New York City Police Dept., 96 N.Y.2d 873, 875 [2001]; and see Matter of Powell v. Bernhardt,

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