Leo v. N.Y. State Dep't of Env't Conservation, No. 20-7039, 2022 WL 138538 (W.D.N.Y. Jan. 14, 2022) (Geraci, Jr., J.)

Leo v. N.Y. State Dep't of Env't Conservation, No. 20-7039, 2022 WL 138538 (W.D.N.Y. Jan. 14, 2022) (Geraci, Jr., J.)

Re:  Request for records from the USDA held by their Investigative and Enforcement Service department concerning destroyed records

Disposition:  Granting defendants' motion to dismiss; denying plaintiff's motion to amend   

• Litigation Considerations, Exhaustion of Administrative Remedies:  "To the extent Plaintiff sought in the original complaint to seek redress for denial of her FOIA requests, Plaintiff does not indicate that she properly appealed such denial."  "Dismissal is therefore appropriate."