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Serrano v. David

Appellate Division of the Supreme Court of New York, First Department
Nov 1, 2007
45 A.D.3d 270 (N.Y. App. Div. 2007)

Opinion

No. 1870 400083/06.

November 1, 2007.

Judgment, Supreme Court, New York County (Richard F. Braun, J.), entered September 12, 2006, which granted respondent's motion to dismiss petitioner's Freedom of Information Law application as time-barred, and dismissed the petition, unanimously affirmed, without costs.

Angel Serrano, appellant pro se.

Michael A. Cardozo, Corporation Counsel, New York (Cheryl Payer of counsel), for respondents.

Before: Tom, J.P., Saxe, Sullivan, Gonzalez and Sweeny, JJ.


If petitioner was dissatisfied with respondent Police Department's denial of his first request for all police records relating to his 1996 arrest, he was required, in order to preserve his right to judicial review, to exhaust his administrative remedies by filing an administrative appeal within 30 days ( Matter of Jamison v Tesler, 300 AD2d 194). Belated judicial review of that denial cannot be based on petitioner's second request for the same records, albeit more specifically described ( id.).


Summaries of

Serrano v. David

Appellate Division of the Supreme Court of New York, First Department
Nov 1, 2007
45 A.D.3d 270 (N.Y. App. Div. 2007)
Case details for

Serrano v. David

Case Details

Full title:ANGEL SERRANO, Appellant, v. JONATHAN DAVID et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 1, 2007

Citations

45 A.D.3d 270 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8284
844 N.Y.S.2d 283

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