Matter of Walker v. Roque

Appellate Division of the Supreme Court of New York

Matter of Walker v. Roque

137 A.D.3d 643, 26 N.Y.S.3d 857

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

DecidedMarch 24, 2016

Docket597 401392/12

StatusPublished

Cited by1 cases

This text of 137 A.D.3d 643 (Matter of Walker v. Roque) 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

Matter of Walker v. Roque, 137 A.D.3d 643, 26 N.Y.S.3d 857 (N.Y. Ct. App. 2016).

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Opinion

Judgment, Supreme Court, New York County (Donna M. Mills, J.), entered September 18, 2012, denying the petition to compel respondent to disclose documents requested by petitioner pursuant to the Freedom of Information Law (FOIL), and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The court properly found that the proceeding is time-barred. Petitioner’s 2012 FOIL request was duplicative of his 1992 *644 FOIL request seeking essentially the same materials pertaining to the same criminal case, notwithstanding that the prior request was more detailed than the instant request (see Matter of Garcia v Division of State Police, 302 AD2d 755, 756 [3d Dept 2003]). The four-month statute of limitations to commence an article 78 proceeding (see CPLR 217 [1]) expired long before petitioner commenced this proceeding in 2012, since the instant FOIL request did not extend or toll petitioner’s time to bring this proceeding challenging the 1993 denial of his administrative appeal from the denial of his 1992 request (see Matter of Andrade v New York City Police Dept., 106 AD3d 520 [1st Dept 2013]; Matter of Kelly v New York City Police Dept., 286 AD2d 581 [1st Dept 2001]).

Petitioner’s remaining arguments are unavailing.

Concur— Tom, J.P., Friedman, Saxe and Richter, JJ.

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Judgment, Supreme Court, New York County (Donna M. Mills, J.), entered September 18, 2012, denying the petition to compel respondent to disclose documents requested by petitioner pursuant to the Freedom of Information Law (FOIL), and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The court properly found that the proceeding is time-barred. Petitioner’s 2012 FOIL request was duplicative of his 1992 *644 FOIL request seeking essentially the same materials pertaining to the same criminal case, notwithstanding that the prior request was more detailed than the instant request (see Matter of Garcia v Division of State Police, 302 AD2d 755, 756 [3d Dept 2003]). The four-month statute of limitations to commence an article 78 proceeding (see CPLR 217 [1]) expired long before petitioner commenced this proceeding in 2012, since the instant FOIL request did not extend or toll petitioner’s time to bring this proceeding challenging the 1993 denial of his administrative appeal from the denial of his 1992 request (see Matter of Andrade v New York City Police Dept., 106 AD3d 520 [1st Dept 2013]; Matter of Kelly v New York City Police Dept., 286 AD2d 581 [1st Dept 2001]).

Petitioner’s remaining arguments are unavailing.

Concur— Tom, J.P., Friedman, Saxe and Richter, JJ.

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Bluebook (online)

137 A.D.3d 643, 26 N.Y.S.3d 857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-walker-v-roque-nyappdiv-2016.

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