KASHTI v. NEW YORK CITY POLICE DEPARTMENT

While we agree with the IAS Court that defendants failed to meet their burden of showing that specific materials sought fall squarely within a specific FOIL exemption, an in camera examination of the materials should be conducted given the possibility that some of the material may do so ( see, Brown v Town of Amherst, 195 A.D.2d 979). Defendants' cross motion was properly denied without prejudice since information in the materials sought may undermine their Statute of Limitations defense.

Concur — Sullivan, J.P., Rosenberger, Ellerin and Mazzarelli, JJ.