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ASIAN AMERICAN LEGAL DEFENSE AND EDUCATION FUND v. NEW YORK CITY POLICE DEPT.

56 A.D.3d 321 (2008)

867 N.Y.S.2d 414

ASIAN AMERICAN LEGAL DEFENSE AND EDUCATION FUND, Appellant, v. NEW YORK CITY POLICE DEPARTMENT, Respondent.

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

November 18, 2008.

Petitioner's challenge to respondent's denial of its FOIL request was properly rejected since respondent established that it did not possess or maintain the records sought by petitioner (Public Officers Law § 89 [3] [a]). Respondent certified that despite its reasonable efforts, documents pertaining to immigration-related arrests and its communications with federal immigration agencies were not retrievable from its databases (see e.g. Matter of Data Tree, LLC v Romaine...

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