HERNANDEZ v. OFFICE OF MAYOR OF CITY OF NEW YORK

8623, 106213/11.

100 A.D.3d 555 (2012)

SERGIO HERNANDEZ, Respondent, v. OFFICE OF THE MAYOR OF THE CITY OF NEW YORK, Appellant.

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

November 27, 2012.


The motion court properly directed respondent to disclose the redacted emails, which are not exempt from disclosure as interor intra-agency materials (Public Officers Law § 87 [2] [g]). Black was not an agent of the City since she had not yet been retained as Chancellor (cf. Matter of Sea Crest Constr. Corp. v Stubing, 82 A.D.2d 546 [2d Dept 1981]). Further, Black was not acting simply as an outside consultant on behalf of the...

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