IN RE BRAXTON v. COMMISSIONER, NYPD

The petition was moot to the extent that documents were provided pursuant to petitioner's FOIL request, and to the extent that the petition sought review of respondent's partial denial of his FOIL request, it was premature since petitioner failed to exhaust his administrative remedies (see, Matter of Almodovar v. Altschuller, 232 A.D.2d 700). Under the particular facts at bar, however, we deem it appropriate to afford petitioner 30 days to file an administrative appeal from respondent's partial denial of his FOIL request (see, Matter of Malerba v. Kelly, 211 A.D.2d 479).

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