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ENCORE COLL v. AUXILIARY SERV

87 N.Y.2d 410 (1995)

663 N.E.2d 302

639 N.Y.S.2d 990

In the Matter of Encore College Bookstores, Inc., Appellant, v. Auxiliary Service Corporation of the State University of New York at Farmingdale et al., Respondents.

Court of Appeals of the State of New York.

Decided December 27, 1995.

Attorney(s) appearing for the Case

Joseph A. Faraldo, Kew Gardens, for appellant.

Robinson Silverman Pearce Aronsohn & Berman, New York City (Suzanne M. Berger and James M. Altman of counsel), for Auxiliary Service Corporation of the State University of New York at Farmingdale, respondent.

Dennis C. Vacco, Attorney-General, New York City (John P. Dellera, Victoria A. Graffeo and Peter H. Schiff of counsel), for State University of New York at Farmingdale, respondent.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Chief Judge KAYE.

This appeal presents two questions regarding the Freedom of Information Law (FOIL): first, does material received by a corporation providing services for a State university and kept on behalf of the university constitute a "record" that is presumptively discoverable under FOIL; and second, when does disclosure of information obtained from a commercial enterprise fall within the FOIL exemption...

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