Crisci v. New York City Police Department

Appellate Division of the Supreme Court of New York

Crisci v. New York City Police Department

293 A.D.2d 321, 739 N.Y.S.2d 820, 2002 N.Y. App. Div. LEXIS 3621

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

DecidedApril 11, 2002

StatusPublished

This text of 293 A.D.2d 321 (Crisci v. 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.

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Crisci v. New York City Police Department, 293 A.D.2d 321, 739 N.Y.S.2d 820, 2002 N.Y. App. Div. LEXIS 3621 (N.Y. Ct. App. 2002).

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Opinion

[322]*322Order, Supreme Court, New York County (Eileen Bransten, J.), entered October 19, 2001, which denied petitioner’s application and dismissed the proceeding pursuant to CPLR article 78 challenging respondent’s failure to produce information requested by petitioner pursuant to the Freedom of Information Law, unanimously affirmed, without costs.

We affirm the dismissal of petitioner’s article 78 proceeding upon the ground that petitioner failed to exhaust his administrative remedies (see, Matter of Sanders v Bratton, 258 AD2d 422; Public Officers Law § 89 [4] [a]). Were we to reach the merits, we would, in any event, affirm, upon the ground that the disclosure sought by petitioner was properly denied upon respondent’s certification that, after a diligent search, it had been unable to locate the documents requested (see, Matter of Rattley v New York City Police Dept., 96 NY2d 873, 875). Concur—Williams, P.J., Saxe, Lerner, Rubin and Marlow, JJ.

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[322]*322Order, Supreme Court, New York County (Eileen Bransten, J.), entered October 19, 2001, which denied petitioner’s application and dismissed the proceeding pursuant to CPLR article 78 challenging respondent’s failure to produce information requested by petitioner pursuant to the Freedom of Information Law, unanimously affirmed, without costs.

We affirm the dismissal of petitioner’s article 78 proceeding upon the ground that petitioner failed to exhaust his administrative remedies (see, Matter of Sanders v Bratton, 258 AD2d 422; Public Officers Law § 89 [4] [a]). Were we to reach the merits, we would, in any event, affirm, upon the ground that the disclosure sought by petitioner was properly denied upon respondent’s certification that, after a diligent search, it had been unable to locate the documents requested (see, Matter of Rattley v New York City Police Dept., 96 NY2d 873, 875). Concur—Williams, P.J., Saxe, Lerner, Rubin and Marlow, JJ.

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293 A.D.2d 321, 739 N.Y.S.2d 820, 2002 N.Y. App. Div. LEXIS 3621, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crisci-v-new-york-city-police-department-nyappdiv-2002.

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