DA's office must be given chance to serve an answer regarding FOIL request
Matter of Dennis Timmons v Michael C. Green, Monroe County District Attorney
Petitioner commenced this Article 78 proceeding to compel respondent to provide documents sought pursuant to the Freedom of Information Law (FOIL). Respondent then made a motion to dismiss the petition which the Supreme Court denied. Respondent argued that petitioner incorrectly sent his FOIL requests to the Monroe County District Attorney’s Office. Even though the official FOIL representative for Monroe County may be the Department of Communications, the DA’s office is still an agency that is subject to FOIL and therefore has the burden of responding to FOIL requests. The Court also rejected respondent’s argument that the petitioner failed to exhaust all administrative remedies and that the proceeding is untimely. Petitioner did, in fact, commence the proceeding within four months of the denied FOIL requests. However, the Court agreed with respondent’s contention that the court erred in granting the petition without first allowing respondent the opportunity to serve and file an answer.
Accordingly, the Court modified the judgment vacating those parts granting the petition and granted responded 20 days to serve and file an answer.
