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MATTER OF DIOSO FAUSTINO FREEDOM OF INFORMATION LAW REQUEST v. CITY OF NEW YORK

Index No. 161126/19. Appeal No. 13113. Case No. 2020-03773.

191 A.D.3d 504 (2021)

142 N.Y.S.3d 502

2021 NY Slip Op 00907

In the Matter of Dioso Faustino Freedom of Information Law Request, Appellant, v. City of New York et al., Respondents.

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

Decided February 11, 2021.

Attorney(s) appearing for the Case

The Law Offices of Cory H. Morris, P.C., Melville ( Cory H. Morris of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Eric Lee of counsel), for respondents.

Concur—Acosta, P.J., Kapnick, Singh, Mendez, JJ.

The merits of the petition "are moot as a result of NYPD's voluntary disclosure," but "petitioner's claim for attorney's fees and other litigation costs is not moot" (Matter of Kohler-Hausmann v New York City Police Dept., 133 A.D.3d 437, 437 [1st Dept 2015]).

A court in a FOIL proceeding "shall assess, against such agency involved, reasonable attorney's fees and other litigation costs reasonably incurred by such person in...

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