Legal Opinion
Capital Newspapers v. Whalen
New York Court of Appeals
Decided February 19, 1987PublishedCited by 90 opinions
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
We hold that under the Freedom of Information Law (FOIL) (Public Officers Law art 6) personal or unofficial documents which are intermingled with official government files and are being "kept” or "held” by a governmental entity are "records” maintained by an "agency” under Public Officers Law § 86 (3), (4). Such records are, therefore, subject to disclosure under FOIL absent a specific statutory exemption.
The term "record” for purposes of FOIL is broadly defined and includes "any information kept, held, filed, produced or reproduced by, with or for an…
2Cases cited6 opinions
- Price v. PriceNew York Court of Appeals · 1986
- Fink v. LefkowitzNew York Court of Appeals · 1979
- People v. RyanNew York Court of Appeals · 1937
- Washington Post Co. v. New York State Insurance DepartmentNew York Court of Appeals · 1984
- Claim of Petterson v. Daystrom Corp.New York Court of Appeals · 1966
1 more not listed; retrieve them via the Exa API.
3Cited by90 opinions
- Data Tree, LLC v. RomaineNew York Court of Appeals · 2007
- Encore College Bookstores, Inc. v. Auxiliary Service Corp.New York Court of Appeals · 1995
- Buffalo News, Inc. v. Buffalo Enterprise Development Corp.New York Court of Appeals · 1994
- Newsday, Inc. v. SiseNew York Court of Appeals · 1987
- Russo v. Nassau County Community CollegeNew York Court of Appeals · 1993
85 more not listed; retrieve them via the Exa API.