(DOWNLOAD) "Antoun Moussa v. State New York Et Al." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Antoun Moussa v. State New York Et Al.
- Author : Supreme Court of New York
- Release Date : January 17, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Order unanimously reversed, without costs, and motion denied. Memorandum: Defendants appeal from an order granting claimants' motion, pursuant to CPLR 3120, for discovery and inspection of numerous documents and records. The order must be reversed because the documents and records sought are not specifically designated. The hallmark of CPLR 3120 is the requirement for a specific designation in the notice or order (Rios v Donovan, 21 A.D.2d 409, 413; City of New York v Friedberg & Assoc., 62 A.D.2d 407, 409). Claimants' attempt to designate documents by the use of the word all is an indication of an absence of specificity (Miller v Columbia Records, 70 A.D.2d 517) and renders the request palpably improper (Ehrlich v Ehrlich, 74 A.D.2d 519; City of New York v Friedberg & Assoc., 62 A.D.2d 407, 410, supra). The fact that the claimants may obtain the information requested pursuant to the Freedom of Information Law (Public Officers Law, art 6) does not warrant the disclosure requested under CPLR article 31. [The] standing of one who seeks access to records under the Freedom of Information Law is as a member of the public, and is neither enhanced (Matter of Fitzpatrick v County of Nassau, Dept. of Public Works, 83 Misc. 2d 884, 887-888, affd 53 A.D.2d 628) nor restricted (Matter of Burke v Yudelson, 51 A.D.2d 673, 674) because he is also a litigant or potential litigant. (Matter of John P. v Whalen, 54 N.Y.2d 89, 99.) As a corollary, the standing of one who seeks to discover records under the discovery provisions of CPLR article 31 is as a litigant, and is neither enhanced nor restricted because he may have access, as a member of the public, to those records under the Freedom of Information Law. The procedures to be followed under each of these statutes are distinctly different. If the claimants desire to obtain the information they seek under the Freedom of Information Law, they must first apply to the records access officer and if their application is denied, they must appeal to the appeals officer. They cannot seek redress from the court until they exhaust these administrative remedies (Matter of Cosgrove v Klingler, 58 A.D.2d 910).