1 No. 30
In the Matter of Scott Fappiano,
Respondent,
v.
New York City Police Department,
Appellant.
_________________________________________________________________
_________________________________________________________________
1 No. 313 No. 32
In the Matter of Ceasar
In the Matter of Charles Doyen, Stapleton,
Respondent, Respondent,
v.
v.
v.
_________________________________________________________________
2001 NY Int. 30
March 27, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
James W. McMahon, as Karen A. Pakstis, et al.,Superintendent of the
New York Appellants.State Police, ---------------------------------
Appellant.
------------------------------- Case No. 30: Kristin M. Helmers, for
appellant.
Submitted by Scott Fappiano, pro se, respondent.
The Legal Aid Society, Criminal Defense Division, amicus curiae. Case
No. 31: Kristin M. Helmers, for appellants.
Steven B. Wasserman, for respondent. Case No. 32: Frank Brady, for
appellant.
Submitted by Charles Doyen, pro se, respondent.
The Legal Aid Society, Criminal Defense Division, amicus curiae.
_________________________________________________________________
CIPARICK
, J.:
Petitioners in these three appeals each seek to compel the respondent
SNIPPETS:
In the Matter of Scott Fappiano, Respondent, v.
New York City Police Department,
In the Matter of Charles Doyen, Stapleton,
This opinion is uncorrected and subject to revision before publication in the New York
Submitted by Scott Fappiano, pro se, respondent.
Petitioners in these three appeals each seek to compel the respondent police departments to
Civil Rights Law § 1) prohibits disclosure by a government employee of any portion of a
Petitioners commenced CPLR article 78 proceedings to compel the police departments to comply
We disagree and now reverse.
Fappiano challenged his conviction in a CPL 440 motion which Supreme Court denied
The Appellate Division affirmed the conviction as well as denial of the CPL 440 motion
In March 1994, Fappiano made a FOIL request to the New York City Police Department for 25
In Gould, the FOIL petitioners, one of whom was convicted of a sex crime, sought to obtain
The use of the term "charged", however, in the exception at Civil Rights Law § 50-b, puts the
In an affirmation Stapleton conceded that he had received "most" of the documents he
In Fappiano and Doyen, the orders of the Appellate Division should be reversed, without
Chief Judge Kaye and Judges Smith, Levine, Wesley and Rosenblatt concur.
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