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TOWN OF WATERFORD v. NYS. DEPT.

No. 50.

18 N.Y.3d 652 (2012)

967 N.E.2d 652

944 N.Y.S.2d 429

2012 NY Slip Op 2125

In the Matter of TOWN OF WATERFORD, Appellant, v. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, Respondent.

Court of Appeals of New York.

Decided March 22, 2012.

Attorney(s) appearing for the Case

Dreyer Boyajian LLP, Albany ( Craig M. Crist and Benjamin W. Hill of counsel), for appellant.

Eric T. Schneiderman , Attorney General, Albany ( Paul Groenwegen , Barbara D. Underwood and Andrew D. Bing of counsel), for respondent.

Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur; Judge READ taking no part.

OPINION OF THE COURT

Chief Judge LIPPMAN.

Petitioner Town of Waterford commenced this proceeding to challenge the Department of Environmental Conservation's (DEC's) denial of portions of its request for information under the Freedom of Information Law (FOIL). Specifically, the Town—a municipality that obtains its drinking water from the Hudson River—sought information relating to the Hudson...

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