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MATTER OF XAO HE LU v. NEW YORK CITY POLICE DEPT.

2035, 101201/14.

143 A.D.3d 616 (2016)

2016 NY Slip Op 06976

39 N.Y.S.3d 761

In the Matter of XAO HE LU, Appellant, v. NEW YORK CITY POLICE DEPARTMENT, Respondent.

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

Decided October 25, 2016.

Respondent met its burden to justify withholding the documents pursuant to a state statute (Public Officers Law § 87 [2] [a]), by affirming that both of the responsive documents located through a diligent search refer to the victim of a sex offense by name, thereby demonstrating that disclosure of the records would be prohibited by Civil Rights Law § 50-b (1) (see Matter of Fappiano v New York City Police Dept.,

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