Advocates for Children of New York, Inc. v. New York City Department of Education

Petitioners failed to exhaust their administrative remedies with respect to FOIL request No. 6762. Petitioners’ administrative appeal was filed more than 30 days after respondents’ letter denying the request (see Matter of McGriff v Bratton, 293 AD2d 401 [1st Dept 2002]). Petitioners’ argument that this letter did not constitute a denial of their request because it lacked a notice of the right to appeal, is unavailing since the letter clearly stated that it was the “final response” to the request.

Although respondents failed to meet their burden to show that petitioners’ claims pertaining to…