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FOIL-AO-15659

November 28, 2005

Dear

I have received your letter and the materials attached to it. Irrespective of whether I concur with the responses to your previous requests, I do not believe that legal remedies are available to you at this juncture.

As I understand the matter, you have requested records on several occasions from the New York City Police Department and followed its denials by initiating judicial proceedings to challenge its determinations. In this regard, it has been held on several occasions that "Belated judicial review...cannot be based on petitioner’s second request for the same information" [see e.g., McGriff v. Bratton, 293 AD2d 401 (2001)]. It appears, too, that requests to investigate the judge in question have been made to the Commission on Judicial Conduct. By statute, however, §45 of the Judiciary Law, the Commission is prohibited from disclosing unless and until a judge has been found to have engaged in misconduct. The only additional route that might be of value would involve an attempt to encourage the Department of Investigation to conduct an inquiry concerning the actions of the Police Department in relation to its role in the matter.

I regret that I cannot be of greater assistance.

Sincerely,

Robert J. Freeman
Executive Director

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