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MATTER OF NEW YORK CIVIL LIBERTIES UNION v. NEW YORK CITY POLICE DEPARTMENT

3094, 110557/08.

74 A.D.3d 632 (2010)

902 N.Y.S.2d 356

In the Matter of NEW YORK CIVIL LIBERTIES UNION, Respondent, v. NEW YORK CITY POLICE DEPARTMENT et al., Appellants.

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

Decided June 22, 2010.

Petitioners seek information identifying the race of persons shot at but not hit by NYPD officers between 1997 and 2006, either in the form of redacted individual reports, or—as respondents have already disclosed with respect to persons shot at and hit—in tabular form. By already having voluntarily and deliberately disclosed one category of information relating to persons shot, respondents affirmatively waived their right to claim FOIL exemptions in the requested...

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