Braxton v. Commissioner of New York City Police Department

Appellate Division of the Supreme Court of New York

Braxton v. Commissioner of New York City Police Department

283 A.D.2d 253, 724 N.Y.S.2d 608, 2001 N.Y. App. Div. LEXIS 5072

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 2001

StatusPublished

Cited by9 cases

This text of 283 A.D.2d 253 (Braxton v. Commissioner of New York City Police Department) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Braxton v. Commissioner of New York City Police Department, 283 A.D.2d 253, 724 N.Y.S.2d 608, 2001 N.Y. App. Div. LEXIS 5072 (N.Y. Ct. App. 2001).

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Opinion

—Order, Supreme Court, New York County (Harold Tompkins, J.), entered on or about June 8, 2000, which dismissed the petition brought pursuant to CPLR article 78 to compel respondent’s production of documents pursuant to a Freedom of Information Law (FOIL) request, unanimously modified, on the law and the facts, to provide that petitioner may file an administrative appeal from respondent’s partial denial of his FOIL request within 30 days after service upon him of a copy of this order with notice of entry, and otherwise affirmed, without costs.

The petition was moot to the extent that documents were provided pursuant to petitioner’s FOIL request, and to the extent that the petition sought review of respondent’s partial denial of his FOIL request, it was premature since petitioner failed to exhaust his administrative remedies (see, Matter of Almodovar v Altschuller, 232 AD2d 700). Under the particular facts at bar, however, we deem it appropriate to afford petitioner 30 days to file an administrative appeal from respondent’s partial denial of his FOIL request (see, Matter of Malerba v Kelly, 211 AD2d 479). Concur — Rosenberger, J. P., Mazzarelli, Andrias, Buckley and Friedman, JJ.

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—Order, Supreme Court, New York County (Harold Tompkins, J.), entered on or about June 8, 2000, which dismissed the petition brought pursuant to CPLR article 78 to compel respondent’s production of documents pursuant to a Freedom of Information Law (FOIL) request, unanimously modified, on the law and the facts, to provide that petitioner may file an administrative appeal from respondent’s partial denial of his FOIL request within 30 days after service upon him of a copy of this order with notice of entry, and otherwise affirmed, without costs.

The petition was moot to the extent that documents were provided pursuant to petitioner’s FOIL request, and to the extent that the petition sought review of respondent’s partial denial of his FOIL request, it was premature since petitioner failed to exhaust his administrative remedies (see, Matter of Almodovar v Altschuller, 232 AD2d 700). Under the particular facts at bar, however, we deem it appropriate to afford petitioner 30 days to file an administrative appeal from respondent’s partial denial of his FOIL request (see, Matter of Malerba v Kelly, 211 AD2d 479). Concur — Rosenberger, J. P., Mazzarelli, Andrias, Buckley and Friedman, JJ.

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283 A.D.2d 253, 724 N.Y.S.2d 608, 2001 N.Y. App. Div. LEXIS 5072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/braxton-v-commissioner-of-new-york-city-police-department-nyappdiv-2001.

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