Валидатор решение принял, а на деле получилось иначе.

public FileOutputStream(String name) throws FileNotFoundException {
     this(name != null ? new File(name) : null, false);
 }

/**
     * Creates a file output stream to write to the file represented by
     * the specified File object. If the second argument is
     *true, then bytes will be written to the end of the file
     * rather than the beginning. A new FileDescriptorobject is
     * created to represent this file connection.
     *
     * First, if there is a security manager, its checkWrite
     * method is called with the path represented by the file
     * argument as its argument.
     *
     * If the file exists but is a directory rather than a regular file, does
     * not exist but cannot be created, or cannot be opened for any other
     * reason then a FileNotFoundException is thrown.
     *
     * @param      file               the file to be opened for writing.
     * @param     append      if  true, then bytes will be written
     *                   to the end of the file rather than the beginning
     * @exception  FileNotFoundException  if the file exists but is a directory
     *                   rather than a regular file, does not exist but cannot
     *                   be created, or cannot be opened for any other reason
     * @exception  SecurityException  if a security manager exists and its
     *                checkWrite method denies write access
     *               to the file.
     * @see        java.io.File#getPath()
     * @see        java.lang.SecurityException
     * @see        java.lang.SecurityManager#checkWrite(java.lang.String)
     * @since 1.4
     */
    public FileOutputStream(File file, boolean append)
        throws FileNotFoundException {
...
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