| Matter of Alvarez v Vance |
| 2016 NY Slip Op 03662 [139 AD3d 459] |
| May 10, 2016 |
| Appellate Division, First Department |
[*1]
| In the Matter of Celso Alvarez,Appellant, v Cyrus R. Vance, Jr., Respondent. |
Celso Alvarez, appellant pro se.
Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), forrespondent.
Judgment, Supreme Court, New York County (Margaret A. Chan, J.), entered June11, 2015, denying as moot the petition to compel the production of documents under theFreedom of Information Law, and dismissing the proceeding brought pursuant to CPLRarticle 78, unanimously affirmed, without costs.
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 within10 days (Public Officers Law § 89 [4] [a]), the appropriate remedy for thefailure to do so was to remand for respondent to comply (Matter of Molloy v New York CityPolice Dept., 50 AD3d 98, 100 [1st Dept 2008]). Respondent's de novo reviewof petitioner's FOIL request subsequent to the commencement of this article 78proceeding afforded petitioner the relief to which he was entitled, rendering moot thisproceeding challenging the dismissal, in light of the de novo review ordered, of hisSeptember 4, 2014 administrative appeal (see Matter of Babi v David, 35 AD3d 266 [1st Dept 2006];Matter of Johnson v Morgenthau, 214 AD2d 348 [1st Dept 1995]).Concur—Mazzarelli, J.P., Renwick, Saxe, Gische and Kahn, JJ.