Opinion
February 24, 2000
Order, Supreme Court, New York County (Bernard Fried, J.), entered May 19, 1998, which granted respondent Police Department's motion to dismiss the petition seeking production of documents pursuant to the Freedom of Information Law, unanimously affirmed, without costs.
Pro Se for the Petitioner-Appellant.
Fay Ng for the Respondent-Respondent.
WILLIAMS, J.P, TOM, SAXE, FRIEDMAN, JJ.
The proceeding was moot even before it was started, since respondent had mailed to petitioner the documents in its possession he had requested, and, in response to the article 78 proceeding, did not contest petitioner's entitlement thereto (see, Matter of Tellier v. The New York City Police Department, 267 A.D.2d 9, 698 N.Y.S.2d 490). Indeed, respondent represents that it will send petitioner the documents again if he provides his new address and pays the one dollar copying fee. We note that if petitioner never received the documents it was due to his own failure to provide respondent with his new address.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.