Justice Peter Moulton

Collins sought to reverse a decision by the New York City Police Department’s records access appeals officer, who denied his Freedom of Information Law request seeking NYPD records. The NYPD provided certain records, but now cross-moved to dismiss the petition invoking Public Officers Law §87(2)(e)(iv) exemption claiming disclosure of certain documents would reveal non-routine investigative techniques. The NYPD also invoked POL §87(2)(e)(i), not previously cited by the officer, noting production would interfere with law enforcement investigations or judicial proceedings. The court noted Collins had no judicial proceedings pending, but the NYPD argued disclosure would interfere with proceedings involving “other criminal defendants.” It found the NYPD’s motion papers did not show the records withheld fell within §87(2)(e)(i), stating the NYPD did not articulate how disclosure of manuals would provide access to materials not available to criminal defendants with pending cases, appeals or post-conviction applications. Also, respondents failed to address if the manuals were ever previously disclosed or made public, denying their cross-motion to dismiss.