MATTER OF TERMINIX INTERNATIONAL COMPANY, L.P. v. ASSISTANT COMMISSIONER FOR HEARINGS AND MEDIATION SERVICES FOR THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION


301 A.D.2d 810 (2003)

753 N.Y.S.2d 591

In the Matter of TERMINIX INTERNATIONAL COMPANY, L.P., Appellant, v. ASSISTANT COMMISSIONER FOR HEARINGS AND MEDIATION SERVICES FOR THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION et al., Respondents.

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

Decided January 16, 2003.


Kane, J.

In December 2000, petitioner filed a request with respondent Department of Environmental Conservation (hereinafter DEC) under the Freedom of Information Law (see Public Officers Law art 6 [hereinafter FOIL]) seeking "all records or portions of records relating or referring to data submitted by commercial applicators for the 1997, 1998 and 1999 Annual Pesticide Reports" (see ECL 33-1203 [1]). Specifically, petitioner requested...

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