Matter of Sanders v. Coddington

Full title: In the Matter of JERRY SANDERS, Appellant, v. PETER D. CODDINGTON et al.…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 10, 1999

262 A.D.2d 104 (N.Y. App. Div. 1999)

690 N.Y.S.2d 441

Opinion

June 10, 1999.

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).

With the original determination of respondent denying petitioner's FOIL request, petitioner exhausted his administrative remedies triggering the four-month Statute of Limitations within which to seek judicial review ( see, CPLR 217; see, Matter of Van Steenburg v. Thomas, 242 A.D.2d 802, 803, lv denied 91 N.Y.2d 803). Since the instant proceeding was commenced more than four months from the original determination, it was properly dismissed by Supreme Court as untimely. In any event, petitioner's FOIL request lacks merit since he, inter alia, failed to provide sufficient identifying information for the requested items to be located.

Concur — Sullivan, J.P., Williams, Wallach, Lerner and Friedman, JJ.