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MATTER OF EMPIRE CTR. FOR PUB. POLICY v. NEW YORK CITY OFF. OF PAYROLL ADMIN.

157651/18. Appeal No. 11969. Case No. 2019-4766.

187 A.D.3d 435 (2020)

133 N.Y.S.3d 5

2020 NY Slip Op 05449

In the Matter of Empire Center for Public Policy, Respondent-Appellant, v. New York City Office of Payroll Administration, Appellant-Respondent.

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

Decided October 6, 2020.

FOIL provides that "[n]othing in [the statute] shall be construed to require any entity to prepare any record not possessed or maintained by such entity" (Public Officers Law § 89[3][a]), with exceptions not raised here. Accordingly, respondent is not obligated to compile "aggregate data" "from the documents or records in its possession" (Matter of Reubens v Murray, 194 A.D.2d 492, 492 [1st Dept 1993] [internal quotation marks...

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