IN RE: Application of Barry SANDERS

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

IN RE: Application of Barry SANDERS, Petitioner-Appellant, For a Judgment, etc., v. William J. BRATTON, as Police Commissioner of the City of New York, et al., Respondents-Respondents.

Decided: February 25, 1999

SULLIVAN, J.P., NARDELLI, WALLACH and TOM, JJ. Barry Sanders, Pro Se. Ellen Ravitch, for Respondents-Respondents.

Order and judgment (one paper), Supreme Court, New York County (Richard Lowe, III, J.), entered November 7, 1997, which granted respondent Police Department's motion to dismiss petitioner's FOIL application to compel it to produce certain information pertaining to petitioner's arrest, and dismissed the petition, unanimously affirmed, without costs.

Petitioner's request for documents pertaining to his arrest was answered by respondent with its own request for additional pedigree information it needed in order to process the request.   Petitioner claims he sent the pedigree information in a letter that respondent claims it never received.   The result was this article 78 proceeding, which was properly dismissed for failure to exhaust administrative remedies.   Petitioner was required to appeal respondent's alleged failure to respond to his request for information (Public Officers Law § 89[4][a] ).


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