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MULGREW v. BOARD OF EDUCATION OF CITY SCHOOL DISTRICT OF CITY OF NEW YORK

Nos. 5156, 113813/10

87 A.D.3d 506 (2011)

928 N.Y.S.2d 701

2011 NY Slip Op 6328

MICHAEL MULGREW, as President of the United Federation of Teachers, Local 2, American Federation of Teachers, AFLCIO, on Behalf of ALL REPRESENTED EMPLOYEES IN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, Appellant, v. BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK et al., Respondents. DOW JONES & COMPANY, INC., et al., Intervenors-Respondents.

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

Decided August 25, 2011.

Supreme Court improperly reviewed respondents' determination to release the requested reports under the "arbitrary and capricious" standard set forth in CPLR 7803 (3). The court should have determined whether respondents' determination "was affected by an error of law" (CPLR 7803 [3]). In any event, the matter need not be remanded since respondents properly determined that the requested reports should be released under FOIL (cf. Matter of Verizon N.Y., Inc. v Devita,<...

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