MATTER OF ALVAREZ v. VANCE

1094, 100282/15.

139 A.D.3d 459 (2016)

29 N.Y.S.3d 793

2016 NY Slip Op 03662

In the Matter of CELSO ALVAREZ, Appellant, v. CYRUS R. VANCE, JR., Respondent.

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

Decided May 10, 2016.


While respondent was statutorily required to respond to petitioner's September 4, 2014 appeal from the denial of his Freedom of Information Law (FOIL) request within 10 days (Public Officers Law § 89 [4] [a]), the appropriate remedy for the failure to do so was to remand for respondent to comply (Matter of Molloy v New York City Police Dept., 50 A.D.3d 98, 100 [1st Dept 2008]). Respondent...

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