Legal Opinion

Smith v. New York State Office of Attorney General

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

Decided April 10, 2014Published

1Opinion of the CourtPeters, P.J.

Appeal, by permission, from an order of the Supreme Court (Cahill, J.), entered January 22, 2013 in Albany County, which, in a proceeding pursuant to CPLR article 78, *1210partially granted petitioner’s motion to compel respondent to comply with a prior order of the court.

The pertinent facts underlying this matter are fully set forth in a prior decision of this Court (110 AD3d 1201 [2013]). Briefly, petitioner filed a Freedom of Information Law (see Public Officers Law art 6 [hereinafter FOIL]) request seeking, as relevant here, all draft and/or internal correspondence and communications of…

2Cases cited17 opinions

  1. National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
  2. Gould v. New York City Police DepartmentNew York Court of Appeals · 1996
  3. New York Times Co. v. RegenhardNew York Court of Appeals · 2005
  4. New York Times Co. v. United States Department of DefenseDistrict Court, S.D. New York · 2007
  5. Miracle Mile Assoc v. YudelsonAppellate Division of the Supreme Court of the State of New York · 1979

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