Ervin v. Southern Tier Economic Development, Inc.

OPINION OF THE COURT

Robert C. Mulvey, J.

*633The petitioner seeks a judgment pursuant to article 78 of the Civil Practice Law and Rules annulling and reversing the respondent’s refusal to comply with his request for a document under the Freedom of Information Law (Public Officers Law art 6) (FOIL).

The respondent, Southern Tier Economic Development, Inc. (STED) contends that it is not an agency subject to FOIL.

Background

The respondent is a not-for-profit corporation formed in 1995 with the following purposes:

“To relieve and reduce unemployment, to promote and to provide for additional and maximum…