Matter of Sanchez v. Bronx County Dist. Attorney's Off.

Appellate Division of the Supreme Court of New York

Matter of Sanchez v. Bronx County Dist. Attorney's Off.

138 A.D.3d 622, 31 N.Y.S.3d 31

Appellate Division of the Supreme Court of the State of New York·Decided April 28, 2016·No. 946 250137/13·Published

Opinion

*623 Appeal from order, Supreme Court, Bronx County (Wilma Guzman, J.), entered March 20, 2014, which, to the extent appealed from as limited by the briefs, denied in part the petition seeking to compel respondent to disclose certain records pursuant to the Freedom of Information Law (FOIL), unanimously dismissed, without costs.

“No appeal lies as of right from an order in an article 78 proceeding remanding a matter to an agency for further nonministerial proceedings” (Matter of Clermont Tenants Assn. v New York State Div. of Hous. & Community Renewal, 73 AD3d 658, 658 [1st Dept 2010]; see Matter of Crawford v New York City Dept. of Info. Tech. & Telecom., 136 AD3d 591 [1st Dept 2016]; see also CPLR 5701 [b] [1]), and we decline to grant leave sua sponte.

Concur—Acosta, J.P., Manzanet-Daniels, Kapnick and Gesmer, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

*623 Appeal from order, Supreme Court, Bronx County (Wilma Guzman, J.), entered March 20, 2014, which, to the extent appealed from as limited by the briefs, denied in part the petition seeking to compel respondent to disclose certain records pursuant to the Freedom of Information Law (FOIL), unanimously dismissed, without costs.

“No appeal lies as of right from an order in an article 78 proceeding remanding a matter to an agency for further nonministerial proceedings” (Matter of Clermont Tenants Assn. v New York State Div. of Hous. & Community Renewal, 73 AD3d 658, 658 [1st Dept 2010]; see Matter of Crawford v New York City Dept. of Info. Tech. & Telecom., 136 AD3d 591 [1st Dept 2016]; see also CPLR 5701 [b] [1]), and we decline to grant leave sua sponte.

Concur—Acosta, J.P., Manzanet-Daniels, Kapnick and Gesmer, JJ.

Matter of Sanchez v. Bronx County Dist. Attorney's Off., 138 A.D.3d 622, 31 N.Y.S.3d 31 (N.Y. Ct. App. 2016).

Pincite

138 A.D.3d 622 (Matter of Sanchez v. Bronx County Dist. Attorney's Off.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related