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August 25, 2021

Failure to exhaust administrative remedies bars judicial review

In this CPLR Article 78 action, the Plaintiff [Petitioner] sought judicial review of two determinations of the New York State Workers' Compensation Board [Board] involving FOIL requests Petitioner had submitted to the Board seeking the production of certain documents from the Board. 

The Board promptly responded to Petitioner's requests, granting in part and denying in part the request. Petitioner then submitted an administrative appeal concerning the "denial in part" elements in his FOIL response. The Board denied the appeal on  the ground that it was untimely. Supreme Court agreed, dismissing Petitioner's Article 78 appeal. 

Subsequently Supreme Court considered Petitioner's application for reargument concerning the matter but adhered to its prior determination, in effect denying the petition and dismissing the proceeding. Petitioner next appealed the lower court's decisions to the Appellate Division.

The Appellate Division affirmed the Supreme Court's rulings, explaining "Public Officers Law §89(4)(a) provides that a person denied access to requested information under New York States Freedom of Information Law [FOIL] must appeal the denial in writing to the head of the entity or other designated person within 30 days."

As Petitioner failed to submit an appeal of the determination within 30 days, "he failed to exhaust his administrative remedies and, thus, could not resort to a judicial forum to gain relief."

Click HERE to access the Appellate Divisions decision.

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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com