CAPITAL NEWSPAPERS v. WHALEN


69 N.Y.2d 246 (1987)

In the Matter of Capital Newspapers, Division of the Hearst Corporation, Appellant, v. Thomas M. Whalen, III, as Mayor of the City of Albany, et al., Respondents.

Court of Appeals of the State of New York.

Decided February 19, 1987.


Attorney(s) appearing for the Case

Peter L. Danziger, Thomas F. Gleason and Mary O. Donohue for appellant.

Vincent J. McArdle, Jr., Corporation Counsel (W. Dennis Duggan of counsel), for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and BELLACOSA concur.


HANCOCK, JR., J.

We hold that under the Freedom of Information Law (FOIL) (Public Officers Law art 6) personal or unofficial documents which are intermingled with official government files and are being "kept" or "held" by a governmental entity are "records" maintained by an "agency" under Public Officers Law § 86 (3), (4). Such records are, therefore, subject to disclosure under FOIL absent a specific statutory...

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