ARTIFICIAL INTELLIGENCE [AI] IS NOT USED IN COMPOSING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS.

Oct 30, 2026

Plaintiff failure to follow the MTA's procedures for appealing alleged denials of Freedom of Information Law requests filed defeats his claim of constructive denial of such requests

The Appellate Division ruled that Supreme Court had properly dismissed the Plaintiff's  several petitions insofar as Plaintiff sought review of alleged constructive denials of the dozens of purported Freedom of Information Law [FOIL] requests. 

MTA Plaintiff had not consistently submitted his FOIL requests through a MTA's online portal or by physical mail to the MTA's FOIL team. Even when instructed to submit all his additional FOIL requests using the MTA online portal, Plaintiff declined to do so and then failed to follow the MTA's procedure for appealing alleged "constructive denials" of purported FOIL requests.

Finding that Plaintiff failed to exhaust his administrative remedies regarding these FOIL requests, Supreme Court granted the Metropolitan Transportation Authority [MTA] and its employees motion to dismiss Plaintiff's FOIL requests in view of Plaintiff being advised that an instant FOIL request was under review as were 72 other purported FOIL requests. 

Supreme Court also denied Plaintiff's motions to amend Plaintiff's amended petition and motion for a default judgment, and dismissed the instant proceeding Plaintiff had filed  pursuant to CPLR Article 78.

The Appellate Division unanimously affirmed the Supreme Court's rulings, noting that:

1. Plaintiff's original FOIL request, submitted February 18, 2025, was appropriately denied and leave to amend was providently denied for failure to exhaust administrative remedies; 

2. Plaintiff's February 18, 2025 FOIL request was under consideration when Plaintiff commenced the instant Article 78 proceeding on June 6, 2025 and when Plaintiff filed an amended petition on August 14, 2025; and 

3. Plaintiff moved to further amend after Plaintiff received a partial response to his FOIL request and was informed that additional efforts to locate FOIL documents responsive were ongoing.

The Appellate Division held that Supreme Court had properly dismissed Plaintiff's amended petition insofar as Plaintiff sought review of alleged constructive denials of the dozens of purported FOIL requests Plaintiff had sent in April 2025 as those requests were not properly submitted to the MTA, which provides for submission of FOIL requests either through an online portal or by physical mail to the MTA's FOIL team*. 

Even when instructed to submit all his additional FOIL requests using the MTA online portal, Plaintiff declined and then Plaintiff failed to follow the MTA's procedure for appealing constructive denials of these purported requests.

Finding that Plaintiff failed to exhaust his administrative remedies regarding these FOIL requests. 

In addition, the Appellate Division observed that Supreme Court had "appropriately denied [
Plaintiff's] motion for a default judgment, as [Plaintiff had] moved for relief while the MTA's cross-motion to dismiss was still pending".

* The Appellate Division's decision notes that Petitioner "appropriately submitted his first request through the MTA online portal and by physical mail, but he failed to send his remaining requests by either of these methods". 

Click HERE to access the Appellate Division's decision posted on the Internet.

Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, 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.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law. Email: publications@nycap.rr.com