Opinion
February 25, 1999
Appeal from the Supreme Court, New York County (Richard Lowe, III, J.).
Petitioner's request for documents pertaining to his arrest was answered by respondent with its own request for additional pedigree information it needed in order to process the request. Petitioner claims he sent the pedigree information in a letter that respondent claims it never received. The result was this CPLR article 78 proceeding, which was properly dismissed for failure to exhaust administrative remedies. Petitioner was required to appeal respondent's alleged failure to respond to his request for information (Public Officers Law § 89 [a].
Concur — Sullivan, J. P., Nardelli, Wallach and Tom, JJ.