Mixon v. McMahon

Crew III, J.P.

Appeal from a judgment of the Supreme Court (Keegan, J.), entered October 24, 2002 in Albany County, which, in a proceeding pursuant to CPLR article 78, dismissed the petition as time-barred.

Petitioner, an inmate at Elmira Correctional Facility in Chemung County, made five separate Freedom of Information Law (Public Officers Law art 6 [hereinafter FOIL]) requests to respondents for information gathered during the investigation of various homicides for which petitioner was convicted. Following each FOIL request, respondents advised either that they did not have the records…