IN THE MATTER OF DALLIO v. ANNUCCI


20 A.D.3d 705 (2005)

797 N.Y.S.2d 786

In the Matter of THOMAS DALLIO, Appellant, v. ANTHONY ANNUCCI, as Deputy Commissioner and Counsel at Upstate Correctional Facility, Respondent.

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

July 14, 2005.


Petitioner appealed from Supreme Court's dismissal of his petition in a proceeding pursuant to CPLR article 78 in which he had been denied an opportunity to view certain facility security videotapes he had obtained under the Freedom of Information Law (see Public Officers Law art 6). In response to respondent's position that the appeal was moot, petitioner contended that he had not been permitted to view the tapes in their entirety. On our remittal (

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