Chaves v. Office of the District Attorney

*533Judgment, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 7, 2009, dismissing the petition brought pursuant to CPLR article 78 seeking to annul a determination of respondent, dated April 29, 2008, which denied his requests under the Freedom of Information Law (FOIL), unanimously affirmed, without costs.

The court erred in dismissing the petition as time-barred. The record shows that petitioner sought to commence this action well before the statute of limitations expired, but that the court did not consider and sign petitioner’s order to show cause commencing the proceeding…