Mullady v. Bogard

OPINION OF THE COURT

Phyllis Gangel-Jacob, J.

Petitioner, acting pro se, initiated this proceeding seeking relief pursuant to CPLR article 78, requesting judgment (1) declaring that respondent did not respond to petitioner’s Freedom of Information Law (FOIL) appeal in a timely man*1019ner, and (2) directing respondent to turn over to petitioner those records sought in his original FOIL application.

Respondent cross-moves for the dismissal of the petition pursuant to CPLR 3211 (a) (7) and 7804 (f).

On June 14, 1989, petitioner was convicted of murder in the second degree, robbery in the first degree,…