Serrano v. David

Appellate Division of the Supreme Court of New York

Serrano v. David

45 A.D.3d 270, 844 N.Y.S.2d 283

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

DecidedNovember 1, 2007

StatusPublished

This text of 45 A.D.3d 270 (Serrano v. David) 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

Serrano v. David, 45 A.D.3d 270, 844 N.Y.S.2d 283 (N.Y. Ct. App. 2007).

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Opinion

Judgment, Supreme Court, New York County (Richard F. Braun, J.), entered September 12, 2006, which granted respondent’s motion to dismiss petitioner’s Freedom of Information Law application as time-barred, and dismissed the petition, unanimously affirmed, without costs.

If petitioner was dissatisfied with respondent Police Department’s denial of his first request for all police records relating to his 1996 arrest, he was required, in order to preserve his right to judicial review, to exhaust his administrative remedies by filing an administrative appeal within 30 days (Matter of Jamison v Tester, 300 AD2d 194 [2002]). Belated judicial review of that denial cannot be based on petitioner’s second request for the same records, albeit more specifically described (id.). Concur—Tom, J.P., Saxe, Sullivan, Gonzalez and Sweeny, JJ.

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Judgment, Supreme Court, New York County (Richard F. Braun, J.), entered September 12, 2006, which granted respondent’s motion to dismiss petitioner’s Freedom of Information Law application as time-barred, and dismissed the petition, unanimously affirmed, without costs.

If petitioner was dissatisfied with respondent Police Department’s denial of his first request for all police records relating to his 1996 arrest, he was required, in order to preserve his right to judicial review, to exhaust his administrative remedies by filing an administrative appeal within 30 days (Matter of Jamison v Tester, 300 AD2d 194 [2002]). Belated judicial review of that denial cannot be based on petitioner’s second request for the same records, albeit more specifically described (id.). Concur—Tom, J.P., Saxe, Sullivan, Gonzalez and Sweeny, JJ.

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Bluebook (online)

45 A.D.3d 270, 844 N.Y.S.2d 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/serrano-v-david-nyappdiv-2007.

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