MATTER OF JEWISH PRESS, INC. v. NEW YORK CITY DEPT. OF INVESTIGATION

Index No. 152939/20. Appeal No. 13540. Case No. 2020-03626.

193 A.D.3d 461 (2021)

147 N.Y.S.3d 6

2021 NY Slip Op 02108

In the Matter of The Jewish Press, Inc., Appellant, v. New York City Department of Investigation, Respondent.

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

Decided April 6, 2021.


Attorney(s) appearing for the Case

Aron Law PLLC, Brooklyn ( Joseph H. Aron of counsel), for appellant.

James E. Johnson , Corporation Counsel, New York ( Amy McCamphill of counsel), for respondent.

Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.


Respondent failed to meet its burden of establishing that disclosure of any records responsive to petitioner's FOIL request would "interfere with law enforcement investigations or judicial proceedings" (Public Officers Law § 87[2][e][i]). This exemption "ceases to apply after enforcement investigations and any ensuing judicial proceedings have run their course" (Matter of Lesher v Hynes, 19 N.Y.3d 57, 68 [2012]). It is undisputed...

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