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XEROX CORP. v. TN. OF WEBSTER

65 N.Y.2d 131 (1985)

In the Matter of Xerox Corporation, Appellant, v. Town of Webster et al., Respondents.

Court of Appeals of the State of New York.

Decided June 4, 1985.

Attorney(s) appearing for the Case

Anthony J. Adams, Jr., for appellant.

Robert A. Feldman for respondents.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in Per Curiam opinion.

Per Curiam.

Opinions and recommendations that would, if prepared by agency employees, be exempt from disclosure under the Freedom of Information Law (FOIL) as "intra-agency materials" (Public Officers Law § 87 [2] [g]), do not lose their exempt status simply because they are prepared for the agency, at its request, by an outside consultant.

Appellant commenced this article 78 proceeding to review the determinations...

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