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FEBEE v. CITY OF NEW YORK

95 A.D.2d 664 (1983)

Charles Febee et al., Appellants, v. City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 7, 1983

Asch, J. (concurring).

I join the majority in its result. However, Special Term relied on the ground that the material sought was interagency matter exempt from disclosure under section 87 (subd 2, par [g]) of the Public Officers Law. It seems to me to be inappropriate to rely on this ground. The plaintiffs sought discovery here under CPLR 3120, not the Freedom of Information Law (Public Officers Law, art 6). Since the material sought from the Internal...

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