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NEWSDAY v. DEPT. OF TRANSP.

10 A.D.3d 201 (2004)

780 N.Y.S.2d 402

In the Matter of NEWSDAY, INC., Respondent, v. STATE DEPARTMENT OF TRANSPORTATION, Appellant.

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

July 1, 2004.

Attorney(s) appearing for the Case

Eliot Spitzer, Attorney General, Albany (Robert M. Goldfarb of counsel), for appellant.

McNamee, Lochner, Titus & Williams P.C., Albany (Stephanie S. Abrutyn of The Tribune Company, New York City, of counsel), for respondent.

Piper Rudnick L.L.P., New York City (David B. Smallman of counsel), for Daily News L.P. and others, amici curiae.

Cardona, P.J., Carpinello and Lahtinen, JJ., concur.

OPINION OF THE COURT

MERCURE, J.

This proceeding challenges respondent's authority to deny a request made pursuant to the Freedom of Information Law (hereinafter FOIL; see Public Officers Law art 6) by petitioner's employee, a journalist, for a copy of certain lists and data that respondent is obligated to keep in compliance with the federal highway Hazard Elimination Program (see 23 USC § 152). Specifically, petitioner seeks respondent...

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