Newsday, Inc. v. New York State Urban Development Corp.

Appellate Division of the Supreme Court of New York

Newsday, Inc. v. New York State Urban Development Corp.

181 A.D.2d 436, 580 N.Y.S.2d 1015, 1992 N.Y. App. Div. LEXIS 3088

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

DecidedMarch 5, 1992

StatusPublished

Cited by2 cases

This text of 181 A.D.2d 436 (Newsday, Inc. v. New York State Urban Development Corp.) 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

Newsday, Inc. v. New York State Urban Development Corp., 181 A.D.2d 436, 580 N.Y.S.2d 1015, 1992 N.Y. App. Div. LEXIS 3088 (N.Y. Ct. App. 1992).

Pincite

Opinion

— Order, Supreme Court, New York County (Kenneth Shorter, J.), entered May 23, 1990, which granted the petition only to the extent of ordering disclosure of the full contents of page one (1) of respondents’ internal audit report, unanimously modified, on the law, the facts and in the exercise of discretion only to the extent that the statistical information on page two (2) of the audit report should also be disclosed and otherwise affirmed, without costs.

Petitioners argue that redacted portions of a six-page internal audit report prepared by the New York State Urban Development Corporation (UDC) are disclosable inasmuch as they are certain to include non-exempt statistical or factual material (see generally, Public Officers Law §87 [2] [g] [i]). Additionally, petitioners assert UDC has not met its burden of demonstrating that the redacted audit materials fall within the narrowly-construed exemption provision of section 87 (2) (g) of the Public Officers Law.

The UDC, in its denial of petitioners’ request for disclosure of the redacted portions of its internal audit report, contended that the material requested constituted, inter alia, intraagency material reflecting non-statistical, non-factual internal opinions and recommendations of UDC auditors. Having viewed the report, we find that it should be disclosed to the extent indicated. (See, Matter of Farbman & Sons v New York City Health & Hosps. Corp., 62 NY2d 75, 83 [1984].) Concur— Rosenberger, J. P., Kupferman, Smith and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Order, Supreme Court, New York County (Kenneth Shorter, J.), entered May 23, 1990, which granted the petition only to the extent of ordering disclosure of the full contents of page one (1) of respondents’ internal audit report, unanimously modified, on the law, the facts and in the exercise of discretion only to the extent that the statistical information on page two (2) of the audit report should also be disclosed and otherwise affirmed, without costs.

Petitioners argue that redacted portions of a six-page internal audit report prepared by the New York State Urban Development Corporation (UDC) are disclosable inasmuch as they are certain to include non-exempt statistical or factual material (see generally, Public Officers Law §87 [2] [g] [i]). Additionally, petitioners assert UDC has not met its burden of demonstrating that the redacted audit materials fall within the narrowly-construed exemption provision of section 87 (2) (g) of the Public Officers Law.

The UDC, in its denial of petitioners’ request for disclosure of the redacted portions of its internal audit report, contended that the material requested constituted, inter alia, intraagency material reflecting non-statistical, non-factual internal opinions and recommendations of UDC auditors. Having viewed the report, we find that it should be disclosed to the extent indicated. (See, Matter of Farbman & Sons v New York City Health & Hosps. Corp., 62 NY2d 75, 83 [1984].) Concur— Rosenberger, J. P., Kupferman, Smith and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

181 A.D.2d 436, 580 N.Y.S.2d 1015, 1992 N.Y. App. Div. LEXIS 3088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newsday-inc-v-new-york-state-urban-development-corp-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack