MATTER OF BARRY v. O'NEILL

11849. 157969/18.

185 A.D.3d 503 (2020)

128 N.Y.S.3d 183

2020 NY Slip Op 04007

In the Matter of Hugh Barry, Appellant, v. James P. O'Neill et al., Respondents.

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

Decided July 16, 2020.


In October 2016, petitioner responded to a call, which resulted in him fatally shooting an emotionally disturbed person (EDP). In February 2018, he was acquitted of murder and manslaughter charges after a trial. In the meantime, respondent Police Department (NYPD), which brought disciplinary charges in 2016, amended those charges after the acquittal.

In May 2018, petitioner's union submitted a FOIL request seeking "complete copies of any communications" between respondent...

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