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HARBATKIN v. NY CITY DEPT.

No. 91.

19 N.Y.3d 373 (2012)

971 N.E.2d 350

948 N.Y.S.2d 220

2012 NY Slip Op 4277

In the Matter of LISA HARBATKIN, Appellant, v. NEW YORK CITY DEPARTMENT OF RECORDS AND INFORMATION SERVICES et al., Respondents.

Court of Appeals of New York.

Decided June 5, 2012.

Attorney(s) appearing for the Case

Greenberg Traurig LLP, Albany ( Michael J. Grygiel , William A. Hurst and Cynthia E. Neidl of council), for appellant.

Michael A. Cardozo , Corporation Counsel, New York City ( Elizabeth I. Freedman , Leonard Koerner and Marilyn Richter of counsel), for respondents.

Miller Korzenik Sommers LLP, New York City (Itai Maytal of counsel), Sabin, Bermant & Gould LLP ( Richard A. Bernstein and Neil M. Rosenhouse of counsel), David H. Tomlin and Karen Kaiser , Counsel for Associated Press, Leon Friedman , Counsel for Pen American Center, Polly Grunfeld Sack , General Counsel for GateHouse Media, Inc., Fairport, Jonathan Donnellan and Ravi V. Sitwala , New York City, Counsel for The Hearst Corporation, George Freeman , David E. McCraw and Dana Green , Counsel for The New York Times Company, for Advanced Publications, Inc. and others, amici curiae.

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

OPINION OF THE COURT

SMITH, J.

In the middle years of the twentieth century, the New York City Board of Education investigated a large number of teachers and other employees who it suspected of being present or former members of the Communist Party. The investigation included interviews with many such people, who were promised confidentiality and asked to provide the names of those who had been in the party...

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