The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 were read on this motion to/for ARTICLE 78 (BODY OR OFFICER). DECISION + ORDER ON MOTION In this Article 78 proceeding, Petitioner Rickner PLLC seeks an order directing the City of New York and the New York City Police Department (“NYPD”) to produce Internal Affairs Bureau (“IAB”) records pertaining to the arrest of David A. Campbell on January 20, 2018. Respondents oppose the petition and cross-move to dismiss. Background On December 16, 2020, pursuant to the Freedom of Information Law (“FOIL”), Petitioner requested from the NYPD: any records relating in any way to the arrest of David A. Campbell on January 20, 2018 at approximately 10:20 p.m., the investigation that led to that arrest, and the subsequent prosecution in the case The People of the State of New York v. David Campbell, including but not limited to all audio and video, all body worn camera video, all arrest reports, all documents relating to the investigation of the underlying crime, all witness statements, and investigation reports, all forensic records, all documents relating to any injuries sustained by the arrestee, all documents related to any force used, and all documents relating to any injuries to any officers related to the arrest. (NYSCEF Doc No. 1, Petition, at 13.) On April 20, 2021, NYPD closed the request and stated that it was “unable to locate records responsive to your request based on the information you provided.” (NYSCEF Doc No. 4.) Petitioner appealed the denial and provided further information via email on the same date. (NYSCEF Doc No. 5.) NYPD responded the next day, on April 21, 2021, providing “two (2) Complaint Reports, two (2) Aided Reports, one (1) SPRINT Report, one (1) Threat, Resistance or Injury Worksheet with Supervisor Assessment, and two (2) Arrest Reports.” (NYSCEF Doc No. 6.) However, pursuant to Public Officers Law (“POL”) §87, NYPD noted that it was withholding an IAB record because disclosure: (1.) would constitute an unwarranted invasion of personal privacy [§87(2)(b)]; (2.) could endanger the life or safety of the officer and other named parties [§87(2)(f)]; and, (3.) would reveal non-routine criminal investigative techniques or procedures [§87(2)(e)(iv)]. (NYSCEF Doc No. 6 at 2.) Petitioner commenced this Article 78 proceeding on August 23, 2021 challenging the denial, on the basis that the June 12, 2020 repeal of Civil Rights Law (“CRL”) §50-a (“Personnel records of police officers, firefighters and correction officers”) signaled the Legislature’s intent of making law enforcement disciplinary records fully available. (Petition at
