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Vote Solar, For A Judgment Pursuant To Article 78 Of The Civil Practice Law And Rules v. New York City Department Of Correction

On May 30, 2024 a special proceedings - cplr article 78 case was filed by Vote Solar, For A Judgment Pursuant To Article 78 Of The Civil Practice Law And Rules, represented by Gittes, Susan Reagan, against New York City Department Of Correction, in the jurisdiction of Queens County. Judge Timothy J. Dufficy presiding.

Case Details

Case Number

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Filing Date

May 30, 2024

Last Refreshed

June 03, 2024

Filing Location

Queens County, NY

Filing Court House

Supreme

Judge

Hon. Timothy J. Dufficy Trellis Spinner 👉 Discover key insights by exploring more analytics for Timothy J. Dufficy   

Category

Special Proceedings - CPLR Article 78

Practice Area

Administrative

Matter Type

Agency Action

Overview

As part of its advocacy efforts in support of the Renewable Rikers Plan, which aims to

repurpose Rikers Island for green infrastructure uses once the jail complex closes, Vote Solar has

submitted three Freedom of Information Law (“FOIL”) requests to the New York City

Department of Correction (“DOC”).

In particular, Vote Solar seeks disclosure of certain records relating to Rikers Island

housing units and environmental conditions.

The requested records are vital to effectuating the Renewable Rikers Plan and to realizing

the benefits that a green Rikers Island will offer to New Yorkers.

In violation of the clear requirements imposed on DOC by New York’s FOIL and despite

Vote Solar’s presumptive right to the requested records, DOC has consistently ignored its

statutory obligations, repeatedly failed to meet its self-imposed production deadlines, and failed

to provide an explanation for its delay or a date by which it will respond.

Causes of Action

1. ARTICLE 78 REVIEW OF WRONGFUL DENIAL OF FOIL REQUEST 2023FR0772

2. ARTICLE 78 REVIEW OF WRONGFUL DENIAL OF FOIL REQUEST 2024FR1017

Parties

Plaintiffs

Vote Solar, For A Judgment Pursuant To Article 78 Of The Civil Practice Law And Rules

Attorneys for Plaintiffs

Gittes, Susan Reagan

Defendants

New York City Department Of Correction

Case Documents

EXHIBIT(S) - C

Date: May 30, 2024

EXHIBIT(S) - H

Date: May 30, 2024

EXHIBIT(S) - G

Date: May 30, 2024

EXHIBIT(S) - L

Date: May 30, 2024

EXHIBIT(S) - F

Date: May 30, 2024

EXHIBIT(S) - J

Date: May 30, 2024

EXHIBIT(S) - A

Date: May 30, 2024

PETITION

Date: May 30, 2024

EXHIBIT(S) - I

Date: May 30, 2024

EXHIBIT(S) - K

Date: May 30, 2024

EXHIBIT(S) - E

Date: May 30, 2024

EXHIBIT(S) - D

Date: May 30, 2024

EXHIBIT(S) - B

Date: May 30, 2024

Case Events

Type Description
Docket Event EXHIBIT(S) - C
December 22, 2022 DOC Extension Notification
Docket Event EXHIBIT(S) - H
October 13, 2023 DOC Letter re Second Housing Units Request
Docket Event EXHIBIT(S) - G
October 6, 2023 FOIL Request re Second Housing Units Request
Docket Event EXHIBIT(S) - L
February 22, 2024 DOC Email transmitting Exhibit K
Docket Event RJI -RE: NOTICE OF PETITION
compel document production; Grant Attorney's Fees
Docket Event EXHIBIT(S) - F
July 31, 2023 DOC Appeal Response re Environmental Request
Docket Event EXHIBIT(S) - J
February 6, 2024 Vote Solar Appeal
Docket Event MEMORANDUM OF LAW IN SUPPORT
Docket Event EXHIBIT(S) - A
October 24, 2022 DOC Letter re Housing Units Request
Docket Event PETITION
VERIFIED
Docket Event EXHIBIT(S) - I
December 8, 2023 DOC Letter re Second Housing Units Request
Docket Event AFFIDAVIT OR AFFIRMATION IN SUPPORT
OF SUSAN GITTES
Docket Event EXHIBIT(S) - K
DOC Appeal Response re Second Housing Units Request
Docket Event EXHIBIT(S) - E
July 31, 2023 DOC Appeal Response re Housing Units Request
Docket Event EXHIBIT(S) - D
July 12, 2023 Vote Solar Appeal
Docket Event NOTICE OF PETITION (Motion #001)
Docket Event EXHIBIT(S) - B
October 24, 2022 DOC Letter re Environmental Request

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