Legal Opinion

Reese v. Daines

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 2009Published

1Opinion of the Court

Memorandum:

Petitioners commenced this CPLR article 78 proceeding seeking, inter alia, to compel respondents to comply with the provisions of the Open Meetings Law ([OML] Public Officers Law art 7) and the Freedom of Information Law ([FOIL] Public Officers Law art 6). Contrary to the contention of respondents-appellants (hereafter, respondents), Supreme Court properly determined that they are public bodies within the meaning of the OML and thus are subject thereto. “[A] realistic appraisal of [the] functional relationship [of respondents] to affected parties and constituencies” establishes…

2Cases cited9 opinions

  1. Gordon v. Village of Monticello, Inc.New York Court of Appeals · 1995
  2. People v. HolmesNew York Court of Appeals · 1999
  3. Perez v. City University of New YorkNew York Court of Appeals · 2005
  4. Smith v. City University of New YorkNew York Court of Appeals · 1999
  5. Goetschius v. Board of Education of the Greenburgh Eleven Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1997

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