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MATTER OF HE'RON v. OFFICE OF THE DIST. ATTORNEY

7547, 250149/11.

96 A.D.3d 531 (2012)

946 N.Y.S.2d 466

2012 NY Slip Op 4821

In the Matter of MICHAEL OWEN HE'RON, Appellant, v. OFFICE OF THE DISTRICT ATTORNEY, BRONX COUNTY, Respondent.

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

June 14, 2012.

Respondent satisfied the requirements of Public Officers Law § 89 (3) by certifying that a diligent search had been conducted and the documents could not be located in respondent's files (see Matter of Rattley v New York City Police Dept., 96 N.Y.2d 873 [2001]; Matter of Alicea v New York City Police Dept., 287 A.D.2d 286 [2001]). An agency is not required to create records in order...

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