In re Tellier v. N.Y.C. Police Department

Full title: In re Application of ROBIN TELLIER, Petitioner-Appellant, For a Judgment…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 2, 1999

267 A.D.2d 9 (N.Y. App. Div. 1999)

698 N.Y.S.2d 490

Opinion

December 2, 1999

Order, Supreme Court, New York County (Charles Ramos, J.).

Pro Se, for petitioner-appellant.

Edward F.X. Hart, for respondent-respondent.

ELLERIN, P.J., ROSENBERGER, NARDELLI, MAZZARELLI, FRIEDMAN, JJ.

The petition for records pursuant to FOIL was properly dismissed as moot to the extent that respondent provided petitioner with records responsive to the request during the pendency of the litigation (see, Matter of Malerba v. Kelly, 211 A.D.2d 479). The petition was otherwise properly dismissed for petitioner's failure to exhaust his administrative remedies, since his administrative appeal respecting requested records alleged to have been improperly withheld by respondent had not yet been determined (see, id.;Matter of Newton v. Police Department of City of New York, 183 A.D.2d 621, 624). We have considered petitioner's remaining contentions and find them unavailing.

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