Justice Doris Ling-Cohan

Johnson, an inmate, sought an order removing allegedly improper information contained in papers in his file, which was maintained by the New York State Department of Corrections and Community Supervision (DOCCS). DOCCS cross-moved for dismissal of the petition, arguing Johnson failed to state a cause of action. Johnson previously filed two Freedom of Information Law (FOIL) requests, that were denied. His later appeal was also denied and he began this action. Johnson sought to remove allegedly inappropriate papers from his file, but DOCCS claimed it was without authority to correct or expunge information provided to it by another governmental agency. The court contended that as DOCCS received the papers at issue from another agency, it did not have authority to remove any such information from the file. Accordingly, the court granted DOCCS cross-motion to dismiss for failure to state a cause of action and denied Johnson’s petition. Further, the court stated as the petition was improperly served and untimely against respondents, such defect further required dismissal.