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MATTER OF SAVE MONROE AVE., INC., v. NEW YORK STATE DEPT. OF TRANSP.

531930.

197 A.D.3d 808 (2021)

151 N.Y.S.3d 560

2021 NY Slip Op 04639

In the MATTER OF SAVE MONROE AVE., INC., Respondent, v. NEW YORK STATE Department of Transportation, Appellant.

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

Decided August 5, 2021.

Attorney(s) appearing for the Case

Letitia James , Attorney General, Albany ( Allyson B. Levine of counsel), for appellant.

Hodgson Russ LLP, Buffalo ( Charles W. Malcomb , of counsel), for respondent.

Egan Jr., J.P., Clark and Pritzker, JJ., concur.

Petitioner is a not-for-profit corporation engaged in litigation challenging the proposed development of a shopping plaza in the Town of Brighton, Monroe County (hereinafter the project). On September 18, 2018, petitioner submitted a Freedom of Information Law (see Public Officers Law art 6 [hereinafter FOIL]) request to respondent...

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