IN RE: ARON LAW PLLC (2023)

Judgment, Supreme Court, New York County (Lyle E. Frank, J.), entered on or about December 14, 2022, granting respondent's motion to dismiss the proceeding, denying the petition to annul a March 2, 2022 determination of respondent New York City Police Department, which denied nonparty Samuel Spirgel's Freedom of Information Law (FOIL) request seeking information on COVID Immunization Exemption Requests, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The court properly dismissed the proceeding for lack of standing, as the FOIL request was not submitted by petitioner, nor does the record indicate that the request was made on petitioner's behalf (see Matter of City of Newark v. Law Dept. of City of N.Y., 305 A.D.2d 28, 35, 760 N.Y.S.2d 431 [1st Dept. 2003];  cf.  Matter of Barry v. O'Neill, 185 A.D.3d 503, 505, 128 N.Y.S.3d 183 [1st Dept. 2020];  Matter of Norton v. Town of Islip, 17 A.D.3d 468, 469, 470, 793 N.Y.S.2d 133 [2d Dept. 2005], lv denied 6 N.Y.3d 709, 813 N.Y.S.2d 45, 846 N.E.2d 476 [2006]).