Appellate Division, Second Department · September 23, 2026 · 2026 NY Slip Op 05398
Matter of Landa v Rockland County
Read the official decision: 2026 NY Slip Op 05398
Holding The court reversed the lower court’s dismissal, holding that the County’s failure to respond to the administrative appeal within the statutory time limit constituted a constructive denial, thereby satisfying the exhaustion of administrative remedies. The matter was remitted for an in camera inspection to determine if the withheld records were properly exempt from disclosure under FOIL.
The court’s words
its failure to respond acted as a constructive denial of the petitioner's appeal
2026 NY Slip Op 05398, at the official text
we must remit the matter to the Supreme Court, Rockland County, to conduct an in camera inspection
2026 NY Slip Op 05398, at the official text
it is premature to determine whether the petitioner substantially prevailed so as to warrant an award of attorney's fees
2026 NY Slip Op 05398, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 23, 2026 |
| Citation | 2026 NY Slip Op 05398 |
| Area of law | Freedom of Information Law |
| Week | Week ending September 26, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05398 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 169 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Landa v Rockland County, 2026 NY Slip Op 05398 (Appellate Division, Second Department, September 23, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05398/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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