|Matter of Bellamy v New York City Police Dept.|
|2011 NY Slip Op 06410|
|Decided on September 8, 2011|
|Appellate Division, First Department|
|Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.|
|This opinion is uncorrected and subject to revision before publication in the Official Reports.|
Decided on September 8, 2011
Tom, J.P., Moskowitz, Freedman, Richter, Manzanet-Daniels, JJ.
3997- 3997A 401463/98
New York City Police Department, Respondent-Appellant.
Michael A. Cardozo, Corporation Counsel, New York (Sharyn
Rootenberg of counsel), for appellant.
Perry Bellamy, respondent pro se.
Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered July 31, 2009, to the extent appealed from as limited by the briefs, granting the petition brought pursuant to the Freedom of Information Law to compel respondent to disclose police reports containing the names and statements of witnesses who did not testify at petitioner's trial, and order, same court and Justice, entered November 18, 2009, which, inter alia, denied respondent's motion to renew, unanimously reversed, on the law and the facts, without costs, and the petition denied.
The decision and order of this Court entered herein on January 4, 2011, is hereby recalled and vacated (see M-624 [decided simultaneously herewith]).
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.