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MATTER OF LAW OFFICES OF ADAM D. PERLMUTTER, P.C. v. NEW YORK CITY POLICE DEPT.

13749, 100220/13

123 A.D.3d 500 (2014)

999 N.Y.S.2d 26

2014 NY Slip Op 08722

In the Matter of LAW OFFICES OF ADAM D. PERLMUTTER, P.C., Respondent, v. NEW YORK CITY POLICE DEPARTMENT et al., Appellants.

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

Decided December 11, 2014.

Petitioner seeks all calibration and maintenance records for all Intoxilyzer machines owned or maintained by respondent New York City Police Department since January 2008. Contrary to respondents' contention, the records sought are not exempt from FOIL on the ground that they "are compiled for law enforcement purposes and ..., if disclosed, would ... interfere with law enforcement investigations or judicial proceedings" (Public Officers Law § 87 [2] [e] [i]). Respondents...

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