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IN THE MATTER OF NEW YORK RACING ASSN. INC. v. STATE OF NY RACING & WAGERING BD.

21 Misc.3d 379 (2008)

863 N.Y.S.2d 540

In the Matter of NEW YORK RACING ASSOCIATION, INC., Petitioner, v. STATE OF NEW YORK RACING AND WAGERING BOARD et al., Respondents.

Supreme Court, New York County.

August 18, 2008.

Attorney(s) appearing for the Case

Pasquale Viscusi, Ozone Park, for petitioner.

Andrew M. Cuomo, Attorney General, New York City (Anthony J. Tomari of counsel), for respondents.

OPINION OF THE COURT

WALTER B. TOLUB, J.

This CPLR article 78 application raises the question of whether information concerning competitive bidding policies are exempted from disclosure under the New York Freedom of Information Law (FOIL) because the information sought constitutes confidential proprietary or trade information (Public Officers Law § 87 [2] [d]).

By this application, made both pursuant to CPLR article 78 and section 89 (5) (d...

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