Legal Opinion
Encore College Bookstores, Inc. v. Auxiliary Service Corp.
New York Court of Appeals
Decided December 27, 1995PublishedCited by 74 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
This appeal presents two questions regarding the Freedom of Information Law (FOIL): first, does material received by a corporation providing services for a State university and kept on behalf of the university constitute a "record” that is presumptively discoverable under FOIL; and second, when does disclosure of information obtained from a commercial enterprise fall within the FOIL exemption for commercial information (Public Officers Law § 87 [2] [d])? We conclude, here, that the material constituted a record subject to disclosure under FOIL but exempt…
2Cases cited8 opinions
- United States Department of Justice v. Tax AnalystsSupreme Court of the United States · 1989
- Forsham v. HarrisSupreme Court of the United States · 1980
- Fink v. LefkowitzNew York Court of Appeals · 1979
- Washington Post Co. v. New York State Insurance DepartmentNew York Court of Appeals · 1984
- Capital Newspapers v. WhalenNew York Court of Appeals · 1987
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3Cited by74 opinions
- Gould v. New York City Police DepartmentNew York Court of Appeals · 1996
- Perez v. City University of New YorkNew York Court of Appeals · 2005
- Citizens for Alternatives to Animal Labs, Inc. v. Board of TrusteesNew York Court of Appeals · 1998
- Newsday, Inc. v. Empire State Development Corp.New York Court of Appeals · 2002
- City of Newark v. Law DepartmentAppellate Division of the Supreme Court of the State of New York · 2003
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