Auburn Publisher, Inc. v. City of Auburn

Appellate Division of the Supreme Court of New York

Auburn Publisher, Inc. v. City of Auburn

147 A.D.2d 900, 537 N.Y.S.2d 354, 1989 N.Y. App. Div. LEXIS 1237

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 3, 1989

StatusPublished

This text of 147 A.D.2d 900 (Auburn Publisher, Inc. v. City of Auburn) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Auburn Publisher, Inc. v. City of Auburn, 147 A.D.2d 900, 537 N.Y.S.2d 354, 1989 N.Y. App. Div. LEXIS 1237 (N.Y. Ct. App. 1989).

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Opinion

Amended order unanimously reversed on the law without costs and petition dismissed. Memorandum: Special Term erred in ordering defendants to provide plaintiff with copies of all affidavits taken by the Auburn police in the course of their investigation into the death of Donald McNabb. We have reviewed each affidavit presented to Special Term in camera and conclude that the requested information, if disclosed, would interfere with law enforcement investigations or disclose confidential information (see, Public Officers Law § 87 [2] [e] [i], [iii]; Hawkins v Kurlander, 98 AD2d 14, 17; see also, Matter of Allen v Strojnowski, 129 AD2d 700, 701, appeal dismissed, 70 NY2d 871). (Appeal from amended order of Supreme Court, Cayuga County, Corning J. — art 78.) Present —Dillon, P. J., Doerr, Green, Pine and Davis, JJ.

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Amended order unanimously reversed on the law without costs and petition dismissed. Memorandum: Special Term erred in ordering defendants to provide plaintiff with copies of all affidavits taken by the Auburn police in the course of their investigation into the death of Donald McNabb. We have reviewed each affidavit presented to Special Term in camera and conclude that the requested information, if disclosed, would interfere with law enforcement investigations or disclose confidential information (see, Public Officers Law § 87 [2] [e] [i], [iii]; Hawkins v Kurlander, 98 AD2d 14, 17; see also, Matter of Allen v Strojnowski, 129 AD2d 700, 701, appeal dismissed, 70 NY2d 871). (Appeal from amended order of Supreme Court, Cayuga County, Corning J. — art 78.) Present —Dillon, P. J., Doerr, Green, Pine and Davis, JJ.

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147 A.D.2d 900, 537 N.Y.S.2d 354, 1989 N.Y. App. Div. LEXIS 1237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/auburn-publisher-inc-v-city-of-auburn-nyappdiv-1989.

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