MATTER OF WAGNER v. NEW YORK CITY DEPT. OF EDUC.

Index No. 151346/23 Appeal No. 1152 Case No. 2023-02614.

222 A.D.3d 420 (2023)

201 N.Y.S.3d 20

2023 NY Slip Op 06228

In the Matter of Jimmy Wagner, Appellant, v. New York City Department of Education, Respondent.

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

Decided December 5, 2023.


Attorney(s) appearing for the Case

Aron Law, PLLC, Brooklyn ( Joseph H. Aron of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Philip W. Young of counsel), and Stewart Lee Karlin Law Group, New York ( Daniel Dugan of counsel), for respondent.

Concur—Kern, J.P., Gesmer, Moulton, Kennedy, Higgitt, JJ.


Judgment, Supreme Court, New York County (Arlene P. Bluth, J.), entered May 17, 2023, denying the petition to annul respondent's determination dated October 13, 2022, which denied petitioner's Freedom of Information Law (FOIL) request, direct the DOE to conduct an adequate search of responsive records, or in the alternative for a framed issues hearing, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The denial...

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