MATTER OF VERA MORENO v. NEW YORK CITY DEPARTMENT OF CORRECTION


47 A.D.3d 545 (2008)

851 N.Y.S.2d 34

In the Matter of JOHN VERA MORENO, Appellant, v. NEW YORK CITY DEPARTMENT OF CORRECTION, Respondent.

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

Decided January 29, 2008.


Petitioner's challenge to respondent's failure to respond to requests for documents compiled in his criminal case by a special master appointed by the court was properly rejected in light of the sworn statement by respondent's counsel that the special master was not employed by respondent and that no such documents were in its possession. The Public Officers Law is not to be "construed to require any entity to prepare any record not possessed or maintained by such entity...

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