Matter of O'Donnell v Bloomberg (2006 NY Slip Op 07212)

Matter of O'Donnell v Bloomberg

2006 NY Slip Op 07212 [33 AD3d 367]

October 5, 2006

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, December 13, 2006

In the Matter of George O'Donnell, Appellant,
v
Michael Bloomberg, as Mayor of the City of New York, et al., Respondents.

—[*1]Judgment, Supreme Court, New York County (Carol Edmead, J.), entered February 10, 2006, dismissing a Freedom of Information Law (FOIL) proceeding, unanimously affirmed, without costs.

Petitioner offers no persuasive reason to reject respondents' statement that, with one exception, no records responsive to petitioner's FOIL requests could be found after a diligent search (Public Officers Law § 89 [3]; Matter of Daum v Tessler, 24 AD3d 214, 215 [2005]). The one record that respondents did find was, after an in camera inspection, correctly held to be exempt from disclosure as interagency material (Public Officers Law § 87 [2] [g]; see Matter of Fink v Lefkowitz, 47 NY2d 567, 571 [1979]). Concur—Tom, J.P., Saxe, Friedman, Catterson and McGuire, JJ.