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  5. 73 N.Y.2d 26 (1988)
 

LEGAL SERVS. v. STATE

73 N.Y.2d 26 (1988)

In the Matter of Prisoners' Legal Services of New York, Appellant, v. New York State Department of Correctional Services, Respondent.

Court of Appeals of the State of New York.

Decided December 1, 1988.

Attorney(s) appearing for the Case

Dan Getman, Robert Selcov, John A. Gresham and David C. Leven for appellant.

Robert Abrams, Attorney-General (Harvey M. Berman and O. Peter Sherwood of counsel), for respondent.

Richard R. Rowley and Mark T. Walsh for New York State Inspection, Security and Law Enforcement Employees, District Council 82, American Federation of State, County and Municipal Employees, AFL-CIO, amicus curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and BELLACOSA concur with Judge HANCOCK, JR.; Judge TITONE dissents and votes to reverse in a separate opinion.

HANCOCK, JR., J.

Do inmate grievances against State correction officers and the administrative decisions relating thereto constitute "personnel records, used to evaluate performance toward continued employment or promotion" (Civil Rights Law § 50-a [1]) which are exempt from disclosure under the Freedom of Information Law (FOIL) (see, Public Officers Law § 87 [2] [a])? This is the central question...

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