AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

IN RE APPLICATION OF LORENZO McGRIFF, PETITIONER-APPELLANT, FOR A JUDGMENT, ETC., v. WILLIAM BRATTON, RESPONDENT-RESPONDENT.

We reject petitioner's argument that although the information he sought in his second FOIL request was also sought in his first request, the second, more detailed request was justified by respondent's denial of the first request as too broad to permit a search. Upon denial of the first request as too broad to permit a search, petitioner, in order to preserve his right to judicial review, was required to exhaust his administrative remedies by filing an administrative appeal within 30 days (Public Officers Law § 89[b]). Belated judicial review of that denial cannot be based on petitioner's second request for the same information, albeit more detailed (see, Matter of Corbin v. Ward, 160 A.D.2d 596, lv denied 76 N.Y.2d 706; Matter of Van Steenburg v. Thomas, 242 A.D.2d 802, lv denied 91 N.Y.2d 803; cf., Matter of Sanders v. Bratton, 258 A.D.2d 422).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

Use AI to get other relevant cases.

Comments

IN RE APPLICATION OF McGRIFF v. BRATTON
(Apr 25, 2002)