MATTER OF KHEEL v. Ravitch
New York Court of Appeals
POINTS OF COUNSEL I. Respondents failed to sustain their burden of proving that the memorandum is exempt from disclosure. CMatter of Westchester Rockland Newspapers v Kimball, 50 NY2d 575; Matter of Fink v Lefkowitz, 47 NY2d 567; Matter of Polansky v Regan, 81 AD2d 102; Matter of Miracle Mile Assoc, v Yudelson, 68 AD2d 176, 48 NY2d 706; Church of Scientology of N. Y. v State of New York, 46 NY2d 906.) II.
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POINTS OF COUNSEL I. Respondents failed to sustain their burden of proving that the memorandum is exempt from disclosure. CMatter of Westchester Rockland Newspapers v Kimball, 50 NY2d 575; Matter of Fink v Lefkowitz, 47 NY2d 567; Matter of Polansky v Regan, 81 AD2d 102; Matter of Miracle Mile Assoc, v Yudelson, 68 AD2d 176, 48 NY2d 706; Church of Scientology of N. Y. v State of New York, 46 NY2d 906.) II. The court below ignored facts demonstrating that the memorandum was postdecisional. III. The burden of proof is upon respondents. I. A memorandum which consists of the opinion of the writer,…
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
A memorandum prepared by a public agency for internal use addressing a position it may take in pending or prospective collective bargaining negotiations to which it is a party is not a “final determination” by the agency, access to which may be obtained under the Freedom of Information Law.
Petitioner instituted this proceeding under CPLR article 78 by petition alleging that over a period of more than 30 years he had been jointly designated by various transit authorities and unions in New York City as impartial arbitrator of disputes in the transit industry in that…
2Cases cited1 opinion
- National Labor Relations Board v. Sears, Roebuck & Co.Supreme Court of the United States · 1975
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- Rowland D. v. ScullyAppellate Division of the Supreme Court of the State of New York · 1989
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