Babigian v. Evans

104 Misc. 2d 140, 427 N.Y.S.2d 688, 1980 N.Y. Misc. LEXIS 2290
CourtNew York Supreme Court
DecidedApril 2, 1980
StatusPublished
Cited by12 cases

This text of 104 Misc. 2d 140 (Babigian v. Evans) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Babigian v. Evans, 104 Misc. 2d 140, 427 N.Y.S.2d 688, 1980 N.Y. Misc. LEXIS 2290 (N.Y. Super. Ct. 1980).

Opinion

OPINION OF THE COURT

Andrew R. Tyler, J.

Petitioner, a New York State court employee, seeks a judgment pursuant to CPLR article 78 directing respondent, Office of Court Administration, to furnish certain information pursuant to the Freedom of Information Law (Public Officers Law, art 6).

Respondent voluntarily furnished petitioner with a portion of the information requested although respondent contends that the Freedom of Information Law does not apply to the Office of Court Administration.

The heart of the Freedom of Information Law is contained in section 87 of the Public Officers Law. The section applies to "agencies”. Section 86 of the Public Officers Law in definition of agency excludes "the Judiciary”. A definition of "Judiciary” is given in subdivision 1 of section 86 of the Public Officers Law: " 'Judiciary’ means the courts of the state, including any municipal or district court, whether or not of record.” Respondent argues that, although it performs principally administrative functions, the Office of Court Administration is part and parcel of the courts of the State.

The court must look to the intent of the Legislature to determine whether the Office of Court Administration, in the exercise of a purely administrative and personnel function, is to be excluded from the applicable provisions of the Freedom of Information Law. Section 84 of the Public Officers Law states in part "The people’s right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality.”

In view of the legislative purpose to promote open government, the court is inclined to construe narrowly any section that would tend to exclude offices of government from the law. Section 86 of the Public Officers Law specifically [142]*142refers to courts when it defines "Judiciary”. The Legislature did not include the administrative arm of the court. The Office of Court Administration does not exercise a judicial function, conduct civil or criminal trials, or determine pretrial motions. Respondent is not a "court”.

It is significant to note that respondent refers to several sections of the Judiciary Law that regulate access to judicial records and allegedly perform a function similar to that of the Freedom of Information Law. None of the sections specified would address access to the information sought by petitioner pertaining to personnel and salaries exclusively.

Accordingly, the court rejects respondent’s contention that it is in all respects exempt from the provisions of the Freedom of Information Law.

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Cite This Page — Counsel Stack

Bluebook (online)
104 Misc. 2d 140, 427 N.Y.S.2d 688, 1980 N.Y. Misc. LEXIS 2290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/babigian-v-evans-nysupct-1980.