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John Whitfield v. Mta Foil Team And Legal Department
A Special Proceedings - Cplr Article 78 case was filed by John Whitfield, against Mta Foil Team And Legal Department, represented by Wan, Hsiao Hsiang, in the jurisdiction of New York County. Judge John J. Kelley presiding.
Case Details
Case Number
Filing Date
May 30, 2023
Last Refreshed
January 24, 2024
Filing Location
New York County, NY
Category
Special Proceedings - CPLR Article 78
Practice Area
Administrative
Matter Type
Agency Action
Overview
York’s Freedom of Information Law (“FOIL”). Petitioner made several FOIL requests seeking
access to various MTA NYC Transit Authority records. Respondent did not respond to any of
Petitioner’s FOIL requests and intentionally violated Public Officers Law. After Petitioner filed
an appeal challenging the constructive denial of records (mailed via certified mail return receipt
to confirm conclusively that respondent received this document along with and an additional
FOIL request), MTA FOIL Team filed a response and falsely claimed it had answered the FOIL
request. Respondent’s acts and omissions violated the Public Officers Law and warrant this
court’s intervention.
Causes of Action
CAUSE OF ACTION UNDER ARTICLE 78
Parties
Plaintiffs
John Whitfield
Defendants
Mta Foil Team And Legal Department
Attorneys for Defendants
Wan, Hsiao Hsiang
Case Documents
STIPULATION - ADJOURNMENT OF MOTION - BEFORE JUDGE
Date: Dec 22, 2023
DECISION ORDER ON MOTION
Date: Dec 05, 2023
ORDER - INTERIM (MOTION RELATED) (Motion 001)
Date: Dec 04, 2023
EXHIBIT(S) - 4 (Motion 002)
Date: Jun 28, 2023
EXHIBIT(S) - 2 (Motion 002)
Date: Jun 28, 2023
EXHIBIT(S) - 3 (Motion 002)
Date: Jun 28, 2023
EXHIBIT(S) - 5 (Motion 002)
Date: Jun 28, 2023
EXHIBIT(S) - 6 (Motion 002)
Date: Jun 28, 2023
EXHIBIT(S) - 1 (Motion 002)
Date: Jun 28, 2023
AFFIDAVIT
Date: Jun 15, 2023
PETITION
Date: May 30, 2023
EXHIBIT(S) - 1
Date: May 30, 2023
EXHIBIT(S) - 4
Date: May 30, 2023
NOTICE OF PETITION (Motion 001)
Date: May 30, 2023
EXHIBIT(S) - 3
Date: May 30, 2023
EXHIBIT(S) - 5
Date: May 30, 2023
EXHIBIT(S) - 2
Date: May 30, 2023
EXHIBIT(S) - 7
Date: May 30, 2023
EXHIBIT(S) - 9
Date: May 30, 2023
EXHIBIT(S) - 6
Date: May 30, 2023
EXHIBIT(S) - 8
Date: May 30, 2023
RJI -RE: NOTICE OF PETITION
Date: May 30, 2023Case Events
| Date | Type | Description | |
|---|---|---|---|
| December 22, 2023 | STIPULATION - ADJOURNMENT OF MOTION - BEFORE JUDGE | ||
| December 08, 2023 |
AFFIRMATION/AFFIDAVIT OF SERVICE Affidavit of Service of Notice of Entry with copy of the 12/1/2023 Decision & Order and the 12/4/202 Affidavit of Service of Notice of Entry with copy of the 12/1/2023 Decision & Order and the 12/4/202 ... show more |
||
| December 05, 2023 | DECISION + ORDER ON MOTION | ||
| December 04, 2023 |
ORDER - INTERIM (MOTION RELATED) (Motion #001) ADJOURN RETURN DATE UNTIL 1/31/2024 |
||
| June 28, 2023 |
EXHIBIT(S) - 4 (Motion #002) MTA's Online Make a FOIL Request Page |
||
| June 28, 2023 |
EXHIBIT(S) - 2 (Motion #002) 6/9/2023 Service upon the Secretary of State |
||
| June 28, 2023 |
NOTICE OF MOTION (Motion #002) Notice of motion pursuant to CPLR 311(b) for an order permitting substituted service on the Responde Notice of motion pursuant to CPLR 311(b) for an order permitting substituted service on the Responde ... show more |
||
| June 28, 2023 |
EXHIBIT(S) - 3 (Motion #002) 6/21/2023 Affidavit of Non-Service |
||
| June 28, 2023 |
AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #002) Affidavit in support of motion pursuant to CPLR 311(b) for an order permitting substituted service o Affidavit in support of motion pursuant to CPLR 311(b) for an order permitting substituted service o ... show more |
||
| June 28, 2023 |
EXHIBIT(S) - 5 (Motion #002) MTA's Notice of Claim filing with NYS Division of Corporations |
||
| June 28, 2023 |
EXHIBIT(S) - 6 (Motion #002) Secretary of State Entity Search Results for MTA |
||
| June 28, 2023 |
EXHIBIT(S) - 1 (Motion #002) 6/5/2023 Affidavit of Attempted Service |
||
| June 15, 2023 | Affidavit of Attempted Service-Petitioner's Due Diligence-Defendant's Evasion of Service | ||
| May 30, 2023 |
PETITION Verified Petition |
||
| May 30, 2023 |
EXHIBIT(S) - 1 Snapshot of 3/24/2023 FOIL Request |
||
| May 30, 2023 |
EXHIBIT(S) - 4 April 20, 2023 FOIL Appeal |
||
| May 30, 2023 |
NOTICE OF PETITION (Motion #001) Notice of Petition |
||
| May 30, 2023 |
EXHIBIT(S) - 3 MTA response to 2nd March 24, 2023 FOIL reference number is: 03178257. |
||
| May 30, 2023 |
EXHIBIT(S) - 5 April 20, 2023 Certified Mail Return Receipts |
||
| May 30, 2023 |
EXHIBIT(S) - 2 MTA response to 1st March 24, 2023 FOIL reference number is: 03178223. |
||
| May 30, 2023 |
EXHIBIT(S) - 7 USPS Tracking Confirmations |
||
| May 30, 2023 |
EXHIBIT(S) - 9 Deputy General Counsel, Harris Berensons Response to the FOIL Appeal |
||
| May 30, 2023 |
EXHIBIT(S) - 6 April 20, 2023 FOIL Request |
||
| May 30, 2023 |
EXHIBIT(S) - 8 May 9, 2023 email from Raquel Romain-Richards at MTA Headquarters |
||
| May 30, 2023 | RJI -RE: NOTICE OF PETITION |
