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BUFFALO NEWS v. BUFFALO ENTER

173 A.D.2d 43 (1991)

In the Matter of Buffalo News, Inc., Appellant, v. Buffalo Enterprise Development Corporation, Respondent

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

December 26, 1991

Attorney(s) appearing for the Case

Jaeckle, Fleischmann & Mugel (Andrea R. Moore of counsel), for appellant.

John P. Lane (Renee V. Peppy of counsel), for respondent.

LAWTON and DAVIS, JJ., concur with DENMAN, P. J.; CALLAHAN, J., dissents and votes to affirm in a separate opinion in which BALIO, J., concurs.

DENMAN, P. J.

Petitioner, The Buffalo News, commenced this proceeding under CPLR article 78 and Public Officers Law § 84 et seq. (more commonly known as the Freedom of Information Law [FOIL]), seeking review of a decision of the Buffalo Enterprise Development Corporation (BEDC) denying petitioner access to information in it files. BEDC refused to disclose the information on the ground that it is not...

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