Newsday, Inc. v. State of New York Commission on Quality of Care for the Mentally Disabled

OPINION OF THE COURT

George L. Cobb, J.

Petitioners have commenced a CPLR article 78 proceeding challenging a denial of a Freedom of Information Law request which sought investigative files of the Commission on Quality of Care for the Mentally Disabled with respect to reports of *66child abuse at the Manhattan Children’s Psychiatric Center. The primary issue involved herein is the proper construction of clause (h) of paragraph (A) of subdivision (4) of section 422 of the Social Services Law.

Such statute provides, inter alla, that reports of the respondent Commission shall be confidential and shall…