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1
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OPINION
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EXTRACTED KEY WORDS
PETITIONER REQUEST YORK RESPONDENT OFFICER CERTIFY APPELLATE SUPREME COURT FOIL REQUEST CONDUCTING DILIGENT SEARCH MATTER LAB REPORTS REVERSE APPEALS PROCEEDING AGENCY AD2D YORK CITY POLICE MEMORANDUM PUBLICATION CPLR ARTICLE DISMISS MOOT AFFIRMATION RECORDS ACCESS OFFICER RECEIVING COMMENCEMENT DIRECTING |
1 No. 100
In the Matter of Peter L. Rattley,
Respondent,
v.
New York City Police Department,
Appellant.
_________________________________________________________________
2001 NY Int. 79
July 2, 2001
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Tahirih M. Sadrieh, for appellant.
Submitted by Peter L. Rattley, for respondent.
Office of the Appellate Defender, amicus curiæ.
_________________________________________________________________
_________________________________________________________________
MEMORANDUM:
The order of the Appellate Division should be reversed, without costs,
the order of Supreme Court, New York County reinstated and the
certified question answered in the negative.
Pursuant to the Freedom of Information Law (Public Officers Law art. 6
("FOIL")), petitioner, a prison inmate, submitted a request to the New
York City Police Department for certain specified documents relating
to his conviction for second degree murder. The Records Access Officer
acknowledged receipt of petitioner's letter and informed him that the
FOIL request required approximately 120 days to process. After
receiving no substantive response within the estimated time,
petitioner filed an administrative appeal claiming that his request
had been constructively denied. Having received no response from the
Records Appeals Officer within a month, petitioner commenced this CPLR
article 78 proceeding challenging what he deemed to be the
constructive denial of his FOIL request.
Following the commencement of this proceeding, the Record Appeals
Officer granted the administrative appeal to the extent of directing
the Records Access Officer to expedite production of the requested
documents. Weeks later, the Police Department advised petitioner that
several documents would be produced but that, after conducting a
search, the Department could not locate other documents. The
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