Opinion
June 29, 1993
Appeal from the Supreme Court, New York County (Charles E. Ramos, J.).
Since petitioner did not appeal the denial of his request for "individual" data within 30 days (Public Officers Law § 89 [a]), he failed to exhaust his administrative remedy, and therefore cannot secure such information through judicial relief (Matter of Murphy v. New York State Educ. Dept., 148 A.D.2d 160, 164-165). Concerning the request for "aggregate" data, since nothing in the Freedom of Information Law, aside from two exceptions not relevant here, "shall be construed to require any entity to prepare any records not possessed or maintained by such entity" (Public Officers Law § 89), respondent is under no obligation to compile the requested data from the documents or records in its possession (Matter of Guerrier v Hernandez-Cuebas, 165 A.D.2d 218, lv denied 78 N.Y.2d 853).
Concur — Carro, J.P., Ellerin, Rubin and Nardelli, JJ.