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CIV. UNION v. SCHENECTADY

2 N.Y.3d 657 (2004)

814 N.E.2d 437

781 N.Y.S.2d 267

In the Matter of NEW YORK CIVIL LIBERTIES UNION, Appellant, v CITY OF SCHENECTADY et al., Respondents.

Court of Appeals of the State of New York.

Decided June 29, 2004.

Attorney(s) appearing for the Case

William Schurtman, Albany, for appellant.

Alfred L. Goldberger, Corporation Counsel, Schenectady (L. John Van Norden of counsel), for respondent.

McNamee, Lochner, Titus & Williams, P.C., Albany (Michael J. Grygiel and Mathew P. Barry of counsel), for New York Newspaper Publishers Association, Inc., and others, amici curiae.

Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.

OPINION OF THE COURT

Chief Judge KAYE.

The question before us is whether "[i]ncident reports prepared by [Schenectady] police officers pertaining to use of force" are subject to production pursuant to a Freedom of Information Law (FOIL) request made by petitioner New York Civil Liberties Union (NYCLU). The muddled history of this case determines our answer to that question.

On April 24, 2000—...

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