Community Board 7 v. Schaffer

OPINION OF THE COURT

Titone, J.

Petitioner, a community board established by the New York City Charter (NY City Charter § 2800), brought the present proceeding to challenge respondents’ right to deny it access to certain documents under the New York State Freedom of Information Law (FOIL). The only issue on this appeal is whether petitioner, a legislatively created entity, has the capacity to maintain a proceeding such as this. In holding that it does not, we stress that the question of petitioner’s capacity to sue is a matter allied with but conceptually distinct from the question of its…