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MATTER OF CURRY v. NASSAU COUNTY SHERIFF'S DEPARTMENT

2008-08050

69 A.D.3d 622 (2010)

893 N.Y.S.2d 148

2010 NY Slip Op 145

In the Matter of ERNEST CURRY, Appellant, v. NASSAU COUNTY SHERIFF'S DEPARTMENT et al., Respondents.

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

Decided January 5, 2010.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied the petitioner's motion to hold the respondents in civil contempt without holding a hearing to determine whether they conducted a diligent search to locate the videotapes he requested pursuant to the Freedom of Information Law (Public Officers Law § 84 et seq. [hereinafter FOIL]). The respondents' letter certifying that the requested videotapes could not be located after...

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