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MATTER OF IRWIN v. ONONDAGA

1421 CA 09-00305.

72 A.D.3d 314 (2010)

895 N.Y.S.2d 262

In the Matter of JOHN M. IRWIN, Appellant, v. ONONDAGA COUNTY RESOURCE RECOVERY AGENCY et al., Respondents. (Appeal No. 2.)

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 11, 2010.

Attorney(s) appearing for the Case

Steven S. Landis, P.C. , New York City ( Steven S. Landis of counsel), for appellant.

William J. Bulsiewicz , North Syracuse, respondent pro se, and for Onondaga County Resource Recovery Agency and others, respondents.

SCUDDER, P.J., and CENTRA, J., concur with FAHEY, J.; GREEN and GORSKI, JJ., dissent in part in a separate opinion by GORSKI, J.

OPINION OF THE COURT

FAHEY, J.

The primary issue before us on this appeal is whether Supreme Court erred in denying petitioner's request pursuant to the Freedom of Information Law (FOIL) (Public Officers Law art 6) seeking, inter alia, to compel disclosure of all of the electronically stored photographs in the possession of respondent Onondaga County Resource Recovery Agency (OCRRA) that were available for use in any OCRRA publication, with the exception...

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