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MATTER OF CAPITAL NEWSPAPERS DIVISION OF THE HEARST CORPORATION v. CITY OF ALBANY

No. 126

15 N.Y.3d 759 (2010)

933 N.E.2d 207

906 N.Y.S.2d 808

In the Matter of CAPITAL NEWSPAPERS DIVISION OF THE HEARST CORPORATION et al., Appellants, v. CITY OF ALBANY et al., Respondents.

Court of Appeals of New York.

Decided July 1, 2010.

Attorney(s) appearing for the Case

Office of General Counsel, Hearst Corporation, New York City ( Jonathan R. Donnellan , Eve B. Burton and Eva M. Saketkoo ), for appellants.

John J. Reilly , Corporation Counsel, Albany ( Jeffery V. Jamison of counsel), for City of Albany, respondent.

Office of General Counsel, New York State Law Enforcement Officers Union, District Council 82, AFSCME, AFL-CIO, Albany ( Matthew P. Ryan and Ennio J. Corsi , of counsel), for Albany Police Officers Union, Local 2841 of New York State Law Enforcement Officers Union, District Council 82, AFSCME, AFL-CIO, respondent.

David E. McCraw , New York City, Jacob P. Goldstein , Sabin, Bermant & Gould LLP ( Patricia A. Clark of counsel), Karen Kaiser , Assistant General Counsel, Associated Press, Anne B. Carroll , Deputy General Counsel, Dailey News, L.P., Barbara W. Wall , Associate General Counsel, Gannett Co., Inc., McLean, Virginia, Beth R. Lobel , New York City, Michael G. Cameron , Assistant General Counsel, News America Incorporated, for Advance Publications, Inc., and others, amici curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, in accordance with this memorandum and, as so modified, affirmed.

Respondent City of Albany failed to meet its burden of demonstrating that the gun tags are "personnel records" under Civil Rights Law § 50-a. The Police Chief's conclusory affidavit did not establish that the documents were "used to evaluate performance toward continued employment...

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