Kaur v. New York State Urban Development Corp.

Richter, J. (concurring).

Under the circumstances presented here, Empire State Development Corporation’s (ESDC) premature closing of the agency record, while it continued to withhold relevant documents this Court had ordered disclosed under the Freedom of Information Law (FOIL), violated both the EDPL and procedural due process under the State and Federal Constitutions. I write separately to explain my reasoning.

“Procedural due process imposes constraints on governmental decisions which deprive individuals of ‘liberty’ or ‘property’ interests within the meaning of the Due Process Clause of the…