Opinion
January 17, 1995
Appeal from the Supreme Court, New York County (David Saxe, J.).
The proceeding has been rendered moot insofar as it seeks the documents that were produced by respondent in its response dated March 9, 1993 (Matter of Newton v. Police Dept., 183 A.D.2d 621, 624), and, with respect to the remaining documents demanded, dismissible for failure to exhaust administrative remedies (supra). However, in view of respondents' laxity in not addressing petitioner's request until after he commenced this article 78 proceeding, we modify to permit petitioner to take an administrative appeal from this partial production of documents despite the lapse of the 30-day period to take such an appeal under Public Officers Law § 89 (4) (a).
Motion requesting confidentiality is denied.
Concur — Murphy, P.J., Sullivan, Nardelli and Tom, JJ.