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MATTER OF OUSTATCHER v. CLARK

Index No. 28720/20E. Appeal No. 14271. Case No. 2021-00852.

198 A.D.3d 420 (2021)

155 N.Y.S.3d 12

2021 NY Slip Op 05295

In the Matter of Adam Oustatcher, Appellant, v. Darcel D. Clark, in Her Official Capacity as District Attorney of Bronx County, et al., Respondents.

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

Decided October 5, 2021.

Attorney(s) appearing for the Case

Adam Oustatcher, Garden City, appellant pro se.

Darcel D. Clark , District Attorney, Bronx ( Rafael Curbelo of counsel), for respondents.

Concur—Gische, J.P., Kapnick, Kennedy, Shulman, JJ.

Petitioner propounded the first of four sets of subject FOIL requests in September 2019. In December 2019, respondents constructively denied the September 2019 requests, by failing to respond on the date by which they initially stated a response would be forthcoming. In January 2020, respondents' FOIL appeals officer (FAO) granted petitioner's administrative appeal to the extent of remitting the September 2019 requests for processing. Shortly thereafter, respondents' records...

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