Cohalan v. Board of Education

Appellate Division of the Supreme Court of New York

Cohalan v. Board of Education

74 A.D.2d 812, 425 N.Y.S.2d 367, 1980 N.Y. App. Div. LEXIS 10549

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

DecidedMarch 3, 1980

StatusPublished

This text of 74 A.D.2d 812 (Cohalan v. Board of Education) 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.

Bluebook

Cohalan v. Board of Education, 74 A.D.2d 812, 425 N.Y.S.2d 367, 1980 N.Y. App. Div. LEXIS 10549 (N.Y. Ct. App. 1980).

Pincite

Opinion

In a proceeding pursuant to CPLR article 78 to compel disclosure of preliminary contract proposals and demands between the respondent board of education and its teachers association, petitioner appeals from a judgment of the Supreme Court, Suffolk County, dated August 24, 1978, which dismissed the petition. Judgment affirmed, without costs or disbursements. The affidavits of the district principal and the chief negotiator of the board of education provide substantive explanations as to why, in their opinion, disclosure of the requested information would impede ongoing collective bargaining negotiations. These reasons appear neither arbitrary nor capricious, and, hence, Special Term properly concluded that, based upon the expertise of the board’s affiants, the burden of proving the material exempt had been met (see Public Officers Law, § 87, subd 2, par [c]; § 89, subd 4, par [b]). Titone, J. P., Mangan o, Martuscello and O’Connor, JJ., concur.

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In a proceeding pursuant to CPLR article 78 to compel disclosure of preliminary contract proposals and demands between the respondent board of education and its teachers association, petitioner appeals from a judgment of the Supreme Court, Suffolk County, dated August 24, 1978, which dismissed the petition. Judgment affirmed, without costs or disbursements. The affidavits of the district principal and the chief negotiator of the board of education provide substantive explanations as to why, in their opinion, disclosure of the requested information would impede ongoing collective bargaining negotiations. These reasons appear neither arbitrary nor capricious, and, hence, Special Term properly concluded that, based upon the expertise of the board’s affiants, the burden of proving the material exempt had been met (see Public Officers Law, § 87, subd 2, par [c]; § 89, subd 4, par [b]). Titone, J. P., Mangan o, Martuscello and O’Connor, JJ., concur.

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Bluebook (online)

74 A.D.2d 812, 425 N.Y.S.2d 367, 1980 N.Y. App. Div. LEXIS 10549, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohalan-v-board-of-education-nyappdiv-1980.