Legal Opinion

Harbatkin v. New York City Department of Records & Information Services

New York Court of Appeals

Decided June 5, 2012PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

Smith, J.

In the middle years of the twentieth century, the New York City Board of Education investigated a large number of teachers and other employees who it suspected of being present or former members of the Communist Party. The investigation included interviews with many such people, who were promised confidentiality and asked to provide the names of those who had been in the party with them.

An historian of the period now seeks disclosure under the Freedom of Information Law (FOIL) of unredacted transcripts of the interviews. We hold that she is entitled to everything…

2Cases cited2 opinions

  1. New York Times Co. v. RegenhardNew York Court of Appeals · 2005
  2. Harbatkin v. New York City Department of Records & Information ServicesAppellate Division of the Supreme Court of the State of New York · 2011

3Cited by21 opinions

  1. Matter of Newsday, LLC v. Nassau County Police Dept.Appellate Division of the Supreme Court of the State of New York · 2023
  2. McFadden v. FondaAppellate Division of the Supreme Court of the State of New York · 2017
  3. Matter of Prall v. New York City Dept. of CorrectionsAppellate Division of the Supreme Court of the State of New York · 2015
  4. Matter of Hepps v. New York State Dept. of HealthAppellate Division of the Supreme Court of the State of New York · 2020
  5. Matter of Livson v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 2016

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