Scott v. Chief Medical Examiner

With respect to certain of petitioner’s FOIL requests, the court below correctly determined that they were time-barred by the four-month statutory period contained in CPLR 217. However, with respect to petitioner’s request made May 27, 1988, for certain police records and reports, as well as petitioner’s request made May 16, 1988, requesting a police officer’s memobook, we conclude that the article 78 proceeding was commenced within four months of the final agency action. However, the IAS court’s denial of petitioner’s request was not arbitrary or capricious. These police reports and records,…