Matter of Thomas v. New York City Dept. of Educ.

Appellate Division of the Supreme Court of New York

Matter of Thomas v. New York City Dept. of Educ.

137 A.D.3d 698, 27 N.Y.S.3d 376

Appellate Division of the Supreme Court of the State of New York·Decided March 31, 2016·No. 660 100563/14·Published·Cited by 1 cases

Opinion

Judgment, Supreme Court, New York County (Cynthia S. Kern, J.), entered December 9, 2014, denying the petition to direct respondents to disclose certain records pursuant to the Freedom of Information Law, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner seeks disclosure of materials pertaining to the investigation of his allegations that certain students improperly received mathematics credits or diplomas in violation of Department of Education (DOE) policies. As Supreme Court determined, DOE acted properly in finding that the intraagency documents at issue were exempt from disclosure pursuant to Public Officers Law § 87 (2) (g), since the documents constituted, among other things, pre-decisional materials prepared to assist DOE in making its final decision (see e.g. Matter of McAulay v Board of Educ. of City of N.Y., 61 AD2d 1048 [2d Dept 1978], affd 48 NY2d 659 [1979]).

Concur—Mazzarelli, J.P., Renwick, Moskowitz, Kapnick and Kahn, JJ.

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Judgment, Supreme Court, New York County (Cynthia S. Kern, J.), entered December 9, 2014, denying the petition to direct respondents to disclose certain records pursuant to the Freedom of Information Law, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner seeks disclosure of materials pertaining to the investigation of his allegations that certain students improperly received mathematics credits or diplomas in violation of Department of Education (DOE) policies. As Supreme Court determined, DOE acted properly in finding that the intraagency documents at issue were exempt from disclosure pursuant to Public Officers Law § 87 (2) (g), since the documents constituted, among other things, pre-decisional materials prepared to assist DOE in making its final decision (see e.g. Matter of McAulay v Board of Educ. of City of N.Y., 61 AD2d 1048 [2d Dept 1978], affd 48 NY2d 659 [1979]).

Concur—Mazzarelli, J.P., Renwick, Moskowitz, Kapnick and Kahn, JJ.

Matter of Thomas v. New York City Dept. of Educ., 137 A.D.3d 698, 27 N.Y.S.3d 376 (N.Y. Ct. App. 2016).

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