Johnson v. Kelly

Judgment, Supreme Court, New York County (Donna Mills, J.), entered on or about February 7, 2012, denying the petition brought pursuant to CELR article 78, seeking to compel respondents to disclose records pertaining to petitioner’s criminal prosecution pursuant to the Freedom of Information Law (FOIL), and dismissing the proceeding, unanimously affirmed, without costs.

The court properly dismissed the petition as against respondent Folice Commissioner Kelly as time-barred. The petition was brought in July 2011, more than four months after the December 2010 denial of petitioner’s FOIL request…