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MATTER OF SMITH v. CUNY

92 N.Y.2d 707 (1999)

708 N.E.2d 983

685 N.Y.S.2d 910

In the Matter of Joseph Smith et al., Appellants, v. City University of New York et al., Respondents.

Court of Appeals of the State of New York.

Decided February 11, 1999.

Attorney(s) appearing for the Case

Ronald B. McGuire, New York City, for appellants.

Michael D. Hess, Corporation Counsel of New York City (Mordecai Newman and Larry A. Sonnenshein of counsel), for respondents.

S. Mark Goodman, Michael C. Hiestand and Jane E. Kirtley, of the Virginia Bar, admitted pro hac vice, for Student Press Law Center and another, amici curiae.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY and ROSENBLATT concur; Judge LEVINE taking no part.

BELLACOSA, J.

This case turns solely on a statutory interpretation question. The issue is whether the Fiorello H. LaGuardia Community College Association, Inc. (Association, Inc.) is subject to this State's Open Meetings Law, as a public body that was performing a governmental function in the circumstances presented by this case. We hold that the Association, Inc. is a public body and is subject to Public Officers...

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