FOIL Article 78 Action against the NYPD

Article 78 Petition in the Matter of Law Offices of Adam D. Perlmutter, P.C. against the New York City Police Department

At Perlmutter & McGuinness, P.C. we are committed to defending people against wrongful DWI charges. As part of that work, we fought an extensive legal battle with the New York Police Department to obtain maintenance records for the breathalyzer machines they routinely use.

Why is this such an important issue? Because many of the NYPD’s breathalyzer machines malfunction and produce results that are inaccurate. In other words, those faulty results may have lead to wrongful DWI convictions.

Here is some of the history of our legal battle with the NYPD on this matter:

Verified Petition

Verified Petition filed in the Matter of Law Offices of Adam Perlmutter against the New York City Police Department and Raymond Kelly in his official capacity as the commissioner of the New York City Police Department. This action seeks materials denied by petitioner’s previous Freedom of Information Law (FOIL) request.

Verified Petition for Article 78 Action against the New York CIty Police Department by Daniel A. McGuinness


Memo in Support of Our Verified Petition

Memorandum of law in support of our Article 78 Petition in the Matter of Law Offices of Adam D. Perlmutter, P.C. against the New York City Police Department, and Raymond Kelly in his capacity as commissioner of the New York City Police Department. This memo supports our verified petition filed in New York State Supreme Court for the calibration, inspection and maintenance records of NYC’s breathalyzer machines. In our petition we argue for the Court to compel the NYPD to turn over all the documents that have been denied to us in our previous FOIL request.

Memo in Support of Article 78 Petition by Daniel A. McGuinness


The NYPD’s Verified Answer

Memorandum of law in support of our Article 78 Petition in the Matter of Law Offices of Adam D. Perlmutter, P.C. against the New York City Police Department, and Raymond Kelly in his capacity as commissioner of the New York City Police Department. This memo supports our verified petition filed in New York State Supreme Court for the calibration, inspection and maintenance records of NYC’s breathalyzer machines. In our petition we argue for the Court to compel the NYPD to turn over all the documents that have been denied to us in our previous FOIL request.

Memo in Support of Article 78 Petition by Daniel A. McGuinness


Affirmation from the Bronx District Attorney’s Office

Affirmation from Bronx Assistant District Attorney in charge of prosecuting Vehicular Crimes in opposition to our Article 78 FOIL Action against the NYPD for maintenance and calibration records for the NYPD’s Intoxilyzer 5000EN breathalyzer machines. The affirmation details the number of open DWI cases in that borough.

Affirmation from Bronx District Attorney Opposing our Article 78 FOIL Action by Daniel A. McGuinness


Affirmation from the Brooklyn District Attorney’s Office

Affirmation from Brooklyn Assistant District Attorney in charge of prosecuting Vehicular Crimes in opposition to our Article 78 FOIL Action against the NYPD for maintenance and calibration records for the NYPD’s Intoxilyzer 5000EN breathalyzer machines. The affirmation details the number of open DWI cases in that borough.

Affirmation of Brooklyn District Attorney in Opposition to our Article 78 FOIL Action by Daniel A. McGuinness


Affirmation from the Manhattan District Attorney’s Office

Affirmation from Brooklyn Assistant District Attorney in charge of prosecuting Vehicular Crimes in opposition to our Article 78 FOIL Action against the NYPD for maintenance and calibration records for the NYPD’s Intoxilyzer 5000EN breathalyzer machines. The affirmation details the number of open DWI cases in that borough.

Affirmation of Brooklyn District Attorney in Opposition to our Article 78 FOIL Action by Daniel A. McGuinness


Affirmation from the Queens District Attorney’s Office

Affirmation from Queens Assistant District Attorney in charge of prosecuting Vehicular Crimes in opposition to our Article 78 FOIL Action against the NYPD for maintenance and calibration records for the NYPD’s Intoxilyzer 5000EN breathalyzer machines. The affirmation details the number of open DWI cases in that borough.

Affirmation of Queens District Attorney in Opposition to our Article 78 FOIL Action by Daniel A. McGuinness


Affirmation from the Staten Island District Attorney’s Office

Affirmation from Staten Island Assistant District Attorney in charge of prosecuting Vehicular Crimes in opposition to our Article 78 FOIL Action against the NYPD for maintenance and calibration records for the NYPD’s Intoxilyzer 5000EN breathalyzer machines. The affirmation details the number of open DWI cases in that borough.

Affirmation of Staten Island District Attorney in Opposition to our Article 78 FOIL Action by Daniel A. McGuinness


Memo in Support of the NYPD’s Verified Answer

Memorandum in Support of the NYPD’s Answer to the Article 78 Petition by Daniel A. McGuinness

Reply to the NYPD’s Verified Answer

Reply to the NYPD’s Answer to the Verified Petition for Article 78 Action against the New York CIty Police Department for Breathalyzer Maintenance and Calibration Records.

Reply to the NYPD’s Article 78 Answer by Daniel A. McGuinness


Decision In the Matter of The Law Offices of Adam D. Perlmutter, P.C. v. NYPD

The decision by Supreme Court Judge Doris Ling-Cohan.

Article 78 FOIL Decision by Daniel A. McGuinness


NYPD’s Appeal Brief in FOIL Action

The NYPD’s Brief in their Appeal to the First Appellate Division of New York of the Article 78 decision that ordered production of all inspection, maintenance, and calibration records of their Intoxilyzer machines.

The NYPD argues that disclosure of the documents would interfere with thousands of pending DWI matters in New York City.

NYPD’s Brief in FOIL Appeal by Daniel A. McGuinness