Opinion
402 400829/14.
03-03-2016
In re Selwyn WALKER, Petitioner–Appellant, v. Jonathan DAVID, Respondent–Respondent.
Selwyn Walker, appellant pro se. Zachary W. Carter, Corporation Counsel, New York (Ellen Ravitch of counsel), for respondent.
Selwyn Walker, appellant pro se.
Zachary W. Carter, Corporation Counsel, New York (Ellen Ravitch of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Shlomo Hagler, J.), entered November 28, 2014, denying the petition seeking to compel respondent to disclose documents pursuant to the Freedom of Information Law (FOIL), and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
This proceeding is time-barred (see CPLR 2171 ). On December 6, 2013, the New York City Police Department's Records Access Appeals Officer denied petitioner's FOIL request. Petitioner attempted to commence an article 78 proceeding challenging that determination in Supreme Court, Genesee County, but that court rejected petitioner's filings, informing him that he must file his proceeding in New York or Queens County, pursuant to CPLR 506(b), 7804(b). Thereafter, petitioner commenced the instant proceeding on June 6, 2014, more than four months after the denial of his administrative appeal (see Matter of Swinton v. Record Access Officers for City of N.Y. Police Dept., 198 A.D.2d 165, 604 N.Y.S.2d 59 1st Dept.1993 ). The filing of petitioner's papers was effective upon their physical receipt by Supreme Court, New York County (see Matter of Grant v. Senkowski, 95 N.Y.2d 605, 609, 721 N.Y.S.2d 597, 744 N.E.2d 132 2001 ), and this Court has no discretion to extend the statute of limitations (see Matter of Clemons v. New York City Hous. Auth., 110 A.D.3d 500, 972 N.Y.S.2d 891 1st Dept.2013; see also CPLR 201). Petitioner's contention that Genesee County Supreme Court's ruling on venue was improper is not relevant to the untimeliness of this proceeding.
MAZZARELLI, J.P., SWEENY, MANZANET–DANIELS, GISCHE, JJ., concur.