Empire Golf Management, LLC v. Olivieri

Appellate Division of the Supreme Court of New York

Empire Golf Management, LLC v. Olivieri

18 A.D.3d 334, 794 N.Y.S.2d 649, 2005 N.Y. App. Div. LEXIS 5459

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

DecidedMay 19, 2005

StatusPublished

Cited by3 cases

This text of 18 A.D.3d 334 (Empire Golf Management, LLC v. Olivieri) 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

Empire Golf Management, LLC v. Olivieri, 18 A.D.3d 334, 794 N.Y.S.2d 649, 2005 N.Y. App. Div. LEXIS 5459 (N.Y. Ct. App. 2005).

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Opinion

Judgment, Supreme Court, New York County (Harold B. Beeler, J.), entered February 23, 2004, which granted petitioner losing proposer’s application pursuant to the Freedom of Information Law (FOIL) for access to the winning proposals submitted to respondent Department of Parks and Recreation for concessions to run City-owned golf courses, unanimously affirmed, without costs.

The winning proposals should be disclosed since the submis[335]*335sion process had ended, the winning proposals were identified, and contract negotiations were well underway. Given these circumstances, the winning proposals could no longer be considered “competitively sensitive” and therefore exempt from FOIL disclosure under Public Officers Law § 87 (2) (c) (see Matter of Cross-Sound Ferry Servs. v Department of Transp., 219 AD2d 346, 349 [1995]). Concur—Saxe, J.P., Marlow, Sullivan, Williams and Gonzalez, JJ.

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Judgment, Supreme Court, New York County (Harold B. Beeler, J.), entered February 23, 2004, which granted petitioner losing proposer’s application pursuant to the Freedom of Information Law (FOIL) for access to the winning proposals submitted to respondent Department of Parks and Recreation for concessions to run City-owned golf courses, unanimously affirmed, without costs.

The winning proposals should be disclosed since the submis[335]*335sion process had ended, the winning proposals were identified, and contract negotiations were well underway. Given these circumstances, the winning proposals could no longer be considered “competitively sensitive” and therefore exempt from FOIL disclosure under Public Officers Law § 87 (2) (c) (see Matter of Cross-Sound Ferry Servs. v Department of Transp., 219 AD2d 346, 349 [1995]). Concur—Saxe, J.P., Marlow, Sullivan, Williams and Gonzalez, JJ.

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Bluebook (online)

18 A.D.3d 334, 794 N.Y.S.2d 649, 2005 N.Y. App. Div. LEXIS 5459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/empire-golf-management-llc-v-olivieri-nyappdiv-2005.

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