Opinion
10-13-2015
In re Thomas CROSS, Petitioner–Appellant, v. James RUSSO, etc., et al., Respondents–Respondents.
Thomas Cross, appellant pro se. Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondents.
Thomas Cross, appellant pro se. Zachary W. Carter, Corporation Counsel, New York (Diana Lawless of counsel), for respondents.
Opinion
Judgment, Supreme Court, New York County (Paul Wooten, J.), entered April 3, 2012, denying the petition challenging respondents' denial of a Freedom of Information Law (FOIL) request and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
This proceeding is time-barred (CPLR 217[1] ). On June 25, 2010, the New York City Police Department's Records Access Appeals Officer denied petitioner's request for records relating to a criminal investigation. Petitioner's article 78 proceeding challenging that determination was dismissed for lack of personal jurisdiction. His subsequent FOIL request, made on December 22, 2010, “was duplicative of his prior request, and therefore did not extend or toll his time to commence an article 78 proceeding” (Matter of Kelly v. New York City Police Dept., 286 A.D.2d 581, 581, 730 N.Y.S.2d 84 [1st Dept.2001] ; see also Matter of Andrade v. New York City Police Dept., 106 A.D.3d 520, 965 N.Y.S.2d 450 [1st Dept.2013] ).
Petitioner also failed to exhaust his administrative remedies (see Watergate II Apts. v. Buffalo Sewer Auth., 46 N.Y.2d 52, 412 N.Y.S.2d 821, 385 N.E.2d 560 [1978] ). At the time of the commencement of this proceeding, his request had not yet been denied, and no final administrative determination had been rendered (see Public Officers Law § 89[4][b] ; Matter of Tellier v. New York City Police Dept., 267 A.D.2d 9, 698 N.Y.S.2d 490 [1st Dept.1999] ).
MAZZARELLI, J.P., RENWICK, ANDRIAS, MANZANET–DANIELS, JJ., concur.