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MATTER OF RODRIGUEZ v. JOHNSON

1222, 51679/05.

66 A.D.3d 536 (2009)

886 N.Y.S.2d 695

2009 NY Slip Op 7468

In the Matter of ELIAS RODRIGUEZ, Appellant, v. ROBERT T. JOHNSON, Respondent, et al., Respondents.

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

Decided October 20, 2009.

We affirm for reasons different from those stated by the CPLR article 78 court. We find that respondent met its obligations under FOIL (Public Officers Law § 84 et seq.). Respondent satisfied the requirements of Public Officers Law § 89 (3) by certifying that it had conducted a diligent search for the documents it could not locate (see Matter of Bridgewater v Johnson, 44 A.D.3d 549 [2007]). It properly deleted identifying...

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