| Matter of Esposito v Rice |
| 2009 NY Slip Op 08227 [67 AD3d 797] |
| November 10, 2009 |
| Appellate Division, Second Department |
| In the Matter of Angelo Esposito, Appellant, v KathleenRice, Nassau County District Attorney, Respondent. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz of counsel),respondent pro se.
In a proceeding pursuant to CPLR article 78 to review a determination of the DistrictAttorney of Nassau County, dated November 24, 2008, denying, in part, the petitioner's requestpursuant to the Freedom of Information Law (Public Officers Law § 84 et seq.) forcertain documents relating to his criminal conviction, the petitioner appeals from a judgment ofthe Supreme Court, Nassau County (Spinola, J.), dated April 1, 2009, which denied his petitionto compel disclosure of any statements of a particular, named person and, in effect, dismissed theproceeding.
Ordered that the judgment is affirmed, without costs or disbursements.
The petitioner sought disclosure under the Freedom of Information Law (Public OfficersLaw § 84 et seq.) (hereinafter FOIL) of any statements to law enforcement officersmade by a person who did not offer testimony at the petitioner's criminal trial. Inasmuch as "thestatements of nontestifying witnesses are confidential and not disclosable under FOIL"(Matter of Johnson v Hynes, 264 AD2d 777, 777 [1999]; see Public OfficersLaw § 87 [2] [e] [iii]; Matter of Spencer v New York State Police, 187 AD2d 919[1992]; Matter of Moore v Santucci, 151 AD2d 677, 679 [1989]), the Supreme Courtproperly denied the petition and, in effect, dismissed the proceeding. Rivera, J.P., Fisher, Belenand Austin, JJ., concur.