CARTY v. NY CITY POLICE DEPT

This proceeding was rendered moot by respondent's certification that it had conducted a diligent search for the records that could not be located ( Matter of Rattley v New York City Police Dept., 96 NY2d 873; Matter of Alicea v New York City Police Dept., 287 AD2d 286). Amendment of the petition to seek additional documents not previously requested was properly denied for petitioner's failure to exhaust administrative remedies, a burden not negated by respondent's purported failure to respond to the amended request in a timely fashion ( Matter of Taylor v New York City Police Dept. FOIL Unit, 25 AD3d 347, lv denied 7 NY3d 714).