Legal Opinion · Concurrence

LaRocca v. Board of Education of the Jericho Union Free School District

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

Decided October 31, 1995Published

1Concurrence

O’Brien, J.,

concurs in part and dissents in part and votes to reverse the judgment and grant the petition in its entirety, with the following memorandum:

I disagree with the majority’s conclusion that the settlement *428agreement should be disclosed in a redacted form. The disciplinary charges against Dr. Horowitz which he neither admitted nor denied are not protected from disclosure under the Freedom of Information Law (Public Officers Law art 6) (hereinafter FOIL). Accordingly, I would reverse the judgment, grant the petition, and direct the respondent agency to disclose the settlement agreement…

2Cases cited13 opinions

  1. Capital Newspapers Division of the Hearst Corp. v. BurnsNew York Court of Appeals · 1986
  2. Fink v. LefkowitzNew York Court of Appeals · 1979
  3. M. Farbman & Sons, Inc. v. New York City HealthNew York Court of Appeals · 1984
  4. Washington Post Co. v. New York State Insurance DepartmentNew York Court of Appeals · 1984
  5. Hanig v. State of New York Department of Motor VehiclesNew York Court of Appeals · 1992

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