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NYSUT v. BRIGHTER CHOICE

No. 181.

15 N.Y.3d 560 (2010)

In the Matter of NEW YORK STATE UNITED TEACHERS, Respondent, v. BRIGHTER CHOICE CHARTER SCHOOL et al., Appellants.

Court of Appeals of New York.

Decided November 18, 2010.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, PLLC, Albany ( Nicholas J. D'Ambrosio, Jr. and Joanmarie M. Dowling of counsel), for appellants.

Marilyn Raskin-Ortiz , Latham, and James R. Sandner , for respondent.

Judges GRAFFEO, READ and SMITH concur with Judge PIGOTT; Judge CIPARICK dissents in a separate opinion in which Chief Judge LIPPMAN and Judge JONES concur.

OPINION OF THE COURT

PIGOTT, J.

Petitioner New York State United Teachers (NYSUT) submitted requests under the Freedom of Information Law (FOIL) to the six respondent Charter Schools1 seeking, among other things, payroll records showing the full names, titles, corresponding salaries, and home addresses of all persons employed as teachers, instructors and faculty (collectively referred to

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