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In the Matter of BARRY SANDERS, Appellant, v. J. BRATTON, as Police Commissioner of the City of New York, et al., Respondents.

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.

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MATTER OF SANDERS v. BRATTON
(Feb 25, 1999)