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IN THE MATTER OF DALLIO v. ANNUCCI

15 A.D.3d 806 (2005)

790 N.Y.S.2d 894

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.

February 24, 2005.

After obtaining certain facility security videotapes from respondent which he had requested pursuant to the Freedom of Information Law (see Public Officers Law art 6 [hereinafter FOIL]), petitioner submitted a second FOIL request to view the videotapes. Respondent initially denied the request, explaining that the question of whether an inmate may be permitted access to the equipment and opportunity to view the videotapes is not dictated by FOIL but, rather, is an administrative...

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