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CMTY. BD. 7 v. SCHAFFER

84 N.Y.2d 148 (1994)

639 N.E.2d 1

615 N.Y.S.2d 644

Community Board 7 of the Borough of Manhattan, Respondent, v. Richard L. Schaffer, as Director of the New York City Department of City Planning, et al., Appellants.

Court of Appeals of the State of New York.

Decided June 16, 1994.

Attorney(s) appearing for the Case

Paul A. Crotty, Corporation Counsel of New York City (Barry P. Schwartz and Leonard Koerner of counsel), for appellants.

Sam Sue, New York City, and Robert M. Levy for respondent.

Cleary, Gottlieb, Steen & Hamilton, New York City (Jonathan I. Blackman and David S. Miller of counsel), for Manhattan Borough President Ruth Messinger and others, amici curiae.

Chief Judge KAYE and Judges SIMONS, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

TITONE, J.

Petitioner, a community board established by the New York City Charter (NY City Charter § 2800), brought the present proceeding to challenge respondents' right to deny it access to certain documents under the New York State Freedom of Information Law (FOIL). The only issue on this appeal is whether petitioner, a legislatively created entity, has the capacity to maintain a proceeding such as this...

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