The New York City Department of Social Services [Department] denied Plaintiff's [Petitioner] administrative appeal challenging the denial of his Freedom of Information Law [FOIL] request. Petitioner then appealed the Department's action by filing a CPLR Article 78 appeal in Supreme Court challenging the Department's decision. Supreme Court dismissed Petitioner's Article 78 action.
The Appellate Division unanimously affirmed the Supreme Court's ruling, finding that the Department did not constructively deny* [Petitioner's] FOIL request as it had mailed the Department's response to Petitioner within five days of its the receipt of the FOIL request and, in addition, the Department had notified Petitioner by email that same day "that it had mailed the response".
Further, the Appellate Division's decision notes that the Department's mailing to the Petitioner "was postmarked April 1, 2024" and advised the Petitioner that Petitioner had 30 days from receipt of the letter to appeal.
As the postal service first attempted to deliver the Department's denial letter on April 9, 2024, and Petitioner mailed his appeal on May 8, 29 days later, the Appellate Division ruled that Petitioner's administrative appeal was timely.
* "Constructive denial" is a concept pursuant to which an agency's failure to respond to a timely FOIL request within the timeframe otherwise required is deemed to have been a denial of the FOIL request by the agency.
Click HERE to access the Appellate Division's decision posted on the Internet.