| Matter of New York Civ. Liberties Union v New York City PoliceDept. |
| 2010 NY Slip Op 05469 [74 AD3d 632] |
| June 22, 2010 |
| Appellate Division, First Department |
| In the Matter of New York Civil Liberties Union,Respondent, v New York City Police Department et al.,Appellants. |
—[*1] New York Civil Liberties Union Foundation, New York (Christopher T. Dunn of counsel),for respondent.
Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered December 28,2009, granting the petition and directing respondents to produce data requested under theFreedom of Information Law (FOIL), unanimously affirmed, without costs.
Petitioners seek information identifying the race of persons shot at but not hit by NYPDofficers between 1997 and 2006, either in the form of redacted individual reports, or—asrespondents have already disclosed with respect to persons shot at and hit—in tabularform. By already having voluntarily and deliberately disclosed one category of informationrelating to persons shot, respondents affirmatively waived their right to claim FOIL exemptionsin the requested data (see Matter ofMolloy v New York City Police Dept., 50 AD3d 98, 100 [2008]). Even were we to findthat there was no waiver, the record nonetheless demonstrates that the reports can be redacted toadequately protect their confidential nature (see Matter of Data Tree, LLC v Romaine, 9 NY3d 454, 464[2007]; Daily Gazette Co. v City of Schenectady, 93 NY2d 145 [1999]).Concur—Gonzalez, P.J., Andrias, Catterson, Renwick and Manzanet-Daniels, JJ.