Matter of Alvarez v. Vance

Judgment, Supreme Court, New York County (Margaret A. Chan, J.), entered June 11, 2015, denying as moot the petition to compel the production of documents under the Freedom of Information Law, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

While respondent was statutorily required to respond to petitioner’s September 4, 2014 appeal from the denial of his Freedom of Information Law (FOIL) request within 10 days (Public Officers Law § 89 [4] [a]), the appropriate remedy for the failure to do so was to remand for respondent to comply…