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NEWSDAY v. EMPIRE STATE DEV.

98 N.Y.2d 359 (2002)

774 N.E.2d 1187

746 N.Y.S.2d 855

In the Matter of NEWSDAY, INC., Appellant, v. EMPIRE STATE DEVELOPMENT CORPORATION, Respondent.

Court of Appeals of the State of New York.

Decided June 13, 2002.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher LLP, New York City (Randy M. Mastro of counsel), for appellant.

Antovk Pidedjian, New York City, for respondent.

Steinhart & Falconer LLP, New York City (David B. Smallman of counsel), for Associated Press and others, amici curiae.

Chief Judge KAYE and Judges SMITH, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.

OPINION OF THE COURT

LEVINE, J.

Newsday, Inc. appeals from an order of the Appellate Division reversing Supreme Court and dismissing its petition, brought under the Freedom of Information Law (Public Officers Law, art 6, §§ 84-90 [FOIL]), against the Empire State Development Corporation (ESDC). Newsday sought to compel ESDC to release copies of subpoenas duces tecum in its possession, which had been served by the New York County District Attorney...

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