It appears that due to an inadvertent mishandling of petitioner's document request, respondent did not make the requested records available or deny the request in writing within five business days, as required by Public Officers Law § 89 (3). Petitioner promptly took an administrative appeal, which was received by respondent's records access officer before the actual request for documents, and promptly initiated this CPLR article 78 proceeding a month later when the...
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