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MTR OF NEWARK v. NYC LAW DEPT

305 A.D.2d 28 (2003)

760 N.Y.S.2d 431

In the Matter of CITY OF NEWARK et al., Appellants, v. LAW DEPARTMENT OF THE CITY OF NEW YORK et al., Respondents. DELOITTE & TOUCHE LLP, Intervenor-Respondent.

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

May 15, 2003.

Attorney(s) appearing for the Case

Leonard H. Berkeley of the New Jersey Bar, admitted pro hac vice, and Ronald S. Herzog of counsel (Richard L. Rudin and Raymond M. Brown on the brief; Weiner Lesniak, Jackson & Nash, LLP and Brown & Brown, P.C., attorneys), for appellants.

Drake A. Colley of counsel (Edward F.X. Hart on the brief; Michael A. Cardozo, Corporation Counsel, New York City, attorney), for respondents.

Michael J. Dell of counsel (Megan P. Davis on the brief; Kramer Levin Naftalis & Frankel LLP, attorneys), for intervenor-respondent.

SULLIVAN, J.P., LERNER and GONZALEZ, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

This appeal presents the issue of whether a confidentiality order issued by an arbitration panel can override the public's right of access to government records under the Freedom of Information Law ([FOIL] Public Officers Law § 84 et seq.). We hold that such a confidentiality order does not override FOIL. However, the petition cannot be either granted or denied on the present undeveloped record, which does not...

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