Opinion
946, 250137/13.
04-28-2016
In re Joseph SANCHEZ, Petitioner–Appellant, v. BRONX COUNTY DISTRICT ATTORNEY'S OFFICE, Respondent–Respondent.
Joseph Sanchez, appellant pro se. Darcel D. Clark, District Attorney, Bronx (Ryan Mansell of counsel), for respondent.
Joseph Sanchez, appellant pro se.
Darcel D. Clark, District Attorney, Bronx (Ryan Mansell of counsel), for respondent.
ACOSTA, J.P., MANZANET–DANIELS, KAPNICK, GESMER, JJ.
Appeal from order, Supreme Court, Bronx County (Wilma Guzman, J.), entered March 20, 2014, which, to the extent appealed from as limited by the briefs, denied in part the petition seeking to compel respondent to disclose certain records pursuant to the Freedom of Information Law (FOIL), unanimously dismissed, without costs.
“No appeal lies as of right from an order in an article 78 proceeding remanding a matter to an agency for further nonministerial proceedings” (Matter of Clermont Tenants Assn. v. New York State Div. of Hous. & Community Renewal, 73 A.D.3d 658, 658, 900 N.Y.S.2d 869 [1st Dept.2010] ; see Matter of Crawford v. New York City Dept. of Info. Tech. & Telecom., 136 A.D.3d 591, 25 N.Y.S.3d 595 [1st Dept.2016] ; see also CPLR 5701[b][1] ), and we decline to grant leave sua sponte.