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MATTER OF ADVOCATES FOR CHILDREN OF N.Y., INC. v. NEW YORK CITY DEPT. OF EDUC.

8738, 107312/11.

101 A.D.3d 445 (2012)

954 N.Y.S.2d 454

2012 NY Slip Op 8422

In the Matter of ADVOCATES FOR CHILDREN OF NEW YORK, INC., et al., Appellants, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

December 6, 2012.

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 A.D.2d 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...

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