IN RE: George O'DONNELL (2006)

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

IN RE: George O'DONNELL, Petitioner-Appellant, v. Michael BLOOMBERG, as Mayor of the City of New York, et al., Respondents-Respondents.

Decided: October 05, 2006

TOM, J.P., SAXE, FRIEDMAN, CATTERSON, McGUIRE, JJ.

George O'Donnell, appellant pro se. Michael A. Cardozo, Corporation Counsel, New York (Scott Shorr of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol Edmead, J.), entered February 10, 2006, dismissing a Freedom of Information Law 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 A.D.3d 214, 215, 804 N.Y.S.2d 920 [2005] ). The one record that respondents did find was, after an in camera inspection, correctly held to be exempt from disclosure as inter-agency material (Public Officers Law § 87 [2] [g]; see Matter of Fink v. Lefkowitz, 47 N.Y.2d 567, 571, 419 N.Y.S.2d 467, 393 N.E.2d 463 [1979] ).

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