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MATTER OF BRAXTON v. COMMISSIONER OF NEW YORK CITY POLICE DEPARTMENT

283 A.D.2d 253 (2001)

724 N.Y.S.2d 608

In the Matter of BENJAMIN D. BRAXTON, Appellant, v. COMMISSIONER OF NEW YORK CITY POLICE DEPARTMENT, Respondent.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided May 15, 2001.

The petition was moot to the extent that documents were provided pursuant to petitioner's FOIL request, and to the extent that the petition sought review of respondent's partial denial of his FOIL request, it was premature since petitioner failed to exhaust his administrative remedies (see, Matter of Almodovar v Altschuller, 232 A.D.2d 700). Under the particular facts at bar, however, we deem it appropriate to afford petitioner 30...

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