The following e-filed papers read herein: NYSCEF Doc Nos. Notice of Petition, Petition, Affirmations (Affidavits), Memoranda of Law, and Exhibits 1-14, 16 Notice of Motion, Affirmations (Affidavits), Memoranda of Law, and Exhibits 19-21 Affirmations (Affidavits) in Opposition, Memoranda of Law, and Exhibits 25-30 For a Judgment and Order Pursuant to Article 78 of the Civil Practice Law and Rules, DECISION AND ORDER Upon a careful review of the foregoing cited papers, the Decision and Order is as follows: In this special proceeding brought pursuant to CPLR Article 78, petitioner Natasha Duncan (petitioner) moves (in motion sequence [mot. seq.] one) for an order and judgment, pursuant to CPLR 7806, annulling respondent The Kings County District Attorney’s Office’s (respondent or KCDA) final determination with respect to her FOIL request and directing respondent to disclose certain law-enforcement and related records, pursuant to its duties under the Freedom of Information Law (FOIL) and Committee on Open Government Regulations (at 21 NYCRR Part 1401) (COOG regulations), FOIL’s implementing regulations, pertaining to the unfortunate shooting and subsequent death of petitioner’s sister, Shantel Davis (Ms. Davis or decedent), on June 14, 2012 (FOIL request). Specifically, petitioner seeks prompt access to un-redacted, or appropriately redacted, non-exempt responsive documents to her FOIL request, or appropriate certifications as to the disposition of the requested records or respondent’s inability to locate the same, with the required, appropriately particularized, written explanations justifying any documents or information redacted or withheld, within a prompt date certain. Petitioner also seeks ancillary relief, pursuant to FOIL §89 (4) (c), ordering respondent to pay reasonable litigation costs and attorneys’ fees. Respondent moves (in mot. seq. two) for an order dismissing the within petition, pursuant to CPLR 7804 (f). Background On April 30, 2021, petitioner submitted a FOIL request (bearing that same date) to respondent, pursuant to FOIL, New York Public Officers Law (POL) §§84-90, and COOG regulations for “copies of all the records that the KCDA reviewed in connection with its investigations into the events leading up to or following Ms. Davis’ June 14, 2012 [demise], including, but not limited to” the following: (1) surveillance and other video; (2) interviews of NYPD and civilian witnesses; (3) records regarding internal NYPD investigations; (4) 911 call records; (5) photographs; (6) ballistics records; (7) records reflecting who called Emergency Medical Technicians (EMTs); (8) records reflecting medical care provided to Ms. Davis by EMTs; (9) records reflecting the circumstances under which Ms. Davis was brought to the hospital; (10) autopsy records; and (11) records received from the NYPD regarding the events leading up to Ms. Davis’s demise and related investigations or discipline (NYSCEF Doc No. 3, at 2-3). The instant petition and FOIL request are based upon, the following facts: At approximately 5:40 p.m. on June 14, 2012, Detective Phillip Atkins (Det. Atkins) and his partner, Police Officer Daniel Guida (P.O. Guida) (collectively, police officers), who were wearing plainclothes and driving in an unmarked vehicle to observe drug transactions and car stops, encountered then-23-year-old Shantel Davis driving a stolen 1998 Toyota Camry (Camry) on 38th Street in East Flatbush, New York (see NYSCEF Doc No. 1,
12, 16; NYSCEF Doc No. 20,
