McBride v. City of New York
Opinion of the Court
—Order, Supreme Court, New York County (Elliott Wilk, J.), entered December 17, 1999, which granted respondents’ cross motion to dismiss as time-barred the petition brought pursuant to CPLR article 78 challenging respondents’ determination denying petitioner’s request under the State Freedom of Information Law (FOIL) for police personnel and internal affairs records, unanimously affirmed, without costs.
This article 78 proceeding was properly dismissed as time-barred since it was not commenced within four months of respondents’ determination denying petitioner’s initial FOIL
In any event, petitioner has been afforded access to his personnel records and the investigatory documents he seeks are exempted from disclosure. He has not established a right greater than other members of the public with respect to the release of the investigatory materials (see, Civil Rights Law § 50-a [1]; Public Officers Law § 87 [2] [a]; see also, Matter of Murphy v New York State Educ. Dept., 148 AD2d 160; Matter of Newsday, Inc. v New York City Police Dept., 133 AD2d 4).
We have considered petitioner’s remaining contentions and find them unavailing. Concur — Williams, J. P., Mazzarelli, Andrias, Lerner and Saxe, JJ.
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