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MATTER OF CUDDY LAW FIRM, P.L.L.C. v. NEW YORK CITY DEPT. OF EDUC.

150011/19. Appeal No. 13168. Case No. 2020-00851.

191 A.D.3d 558 (2021)

138 N.Y.S.3d 863

2021 NY Slip Op 01121

In the Matter of Cuddy Law Firm, P.L.L.C., Appellant, v. New York City Department of Education et al., Respondents.

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

Decided February 18, 2021.

Attorney(s) appearing for the Case

Cuddy Law Firm, P.L.L.C., Auburn ( Benjamin M. Kopp of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Susan Paulson of counsel), for respondents.

Concur—Renwick, J.P., Kern, Singh, Shulman, JJ.

The court properly determined that DOE did not constructively deny petitioner's first FOIL request (see 21 NYCRR 1401.5[d]).

Under FOIL, any person may request and receive documents kept by a government agency, unless they are statutorily exempted from disclosure, and the burden rests on the agency to demonstrate the applicability of an exception (see Matter of Abdur-Rashid v New York City Police Dept., 31 N.Y.3d 217

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