Opinion
597 401392/12.
03-24-2016
In re Sherman WALKER, Petitioner–Appellant, v. F.O.I.L. Appeals Officer and Assistant District Attorney, Susan C. ROQUE, of The New York County District Attorney's Office, Respondent–Respondent.
Sherman Walker, appellant pro se. Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Sherman Walker, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Donna M. Mills, J.), entered September 18, 2012, denying the petition to compel respondent to disclose documents requested by petitioner pursuant to the Freedom of Information Law (FOIL), and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
The court properly found that the proceeding is time-barred. Petitioner's 2012 FOIL request was duplicative of his 1992 FOIL request seeking essentially the same materials pertaining to the same criminal case, notwithstanding that the prior request was more detailed than the instant request (see Matter of Garcia v. Division of State Police, 302 A.D.2d 755, 756, 754 N.Y.S.2d 913 3d Dept.2003 ). The four-month statute of limitations to commence an article 78 proceeding (see CPLR 2171 ) expired long before petitioner commenced this proceeding in 2012, since the instant FOIL request did not extend or toll petitioner's time to bring this proceeding challenging the 1993 denial of his administrative appeal from the denial of his 1992 request (see Matter of Andrade v. New York City Police Dept., 106 A.D.3d 520, 965 N.Y.S.2d 450 1st Dept.2013; Matter of Kelly v. New York City Police Dept., 286 A.D.2d 581, 730 N.Y.S.2d 84 1st Dept.2001 ).
Petitioner's remaining arguments are unavailing.
TOM, J.P., FRIEDMAN, SAXE, RICHTER, JJ., concur.