Opinion
1094, 100282/15.
05-10-2016
In re Celso ALVAREZ, Petitioner–Appellant, v. Cyrus R. VANCE, Jr., etc., Respondent–Respondent.
Celso Alvarez, appellant pro se. Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Celso Alvarez, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.
Judgment, Supreme Court, New York County (Margaret A. Chan, J.), entered June 11, 2015, denying as moot the petition to compel the production of documents under the Freedom of Information Law, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs. While respondent was statutorily required to respond to petitioner's September 4, 2014 appeal from the denial of his Freedom of Information Law (FOIL) request within 10 days (Public Officers Law § 89[4][a] ), the appropriate remedy for the failure to do so was to remand for respondent to comply (Matter of Molloy v. New York City Police Dept., 50 A.D.3d 98, 100, 851 N.Y.S.2d 480 [1st Dept.2008] ). Respondent's de novo review of petitioner's FOIL request subsequent to the commencement of this article 78 proceeding afforded petitioner the relief to which he was entitled, rendering moot this proceeding challenging the dismissal, in light of the de novo review ordered, of his September 4, 2014 administrative appeal (see Matter of Babi v. David, 35 A.D.3d 266, 824 N.Y.S.2d 902 [1st Dept. 2006] ; Matter of Johnson v. Morgenthau, 214 A.D.2d 348, 625 N.Y.S.2d 21 [1st Dept.1995] ).
MAZZARELLI, J.P., RENWICK, SAXE, GISCHE, KAHN, JJ., concur.