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MATTER OF JASKARAN v. CITY OF NEW YORK

160222/19. Appeal No. 14738. Case No. 2021-00340.

200 A.D.3d 418 (2021)

157 N.Y.S.3d 447

2021 NY Slip Op 06762

In the Matter of Jack Jaskaran, Appellant, v. City of New York et al., Respondents.

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

Decided December 2, 2021.

Attorney(s) appearing for the Case

Goldberg & McEnaney, LLC, Port Washington ( Timothy McEnaney of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Diana Lawless of counsel), for respondents.

Concur—Webber, J.P., Friedman, Oing, Shulman, Pitt, JJ.

Petitioner has established that he is entitled to recover attorneys' fees, since he "substantially prevailed" in the article 78 proceeding and respondents had "no reasonable basis for denying access" to the records under the Freedom of Information Law (FOIL) (Public Officers Law § 89[4][c][ii]; see Matter of Rauh v de Blasio, 161 A.D.3d 120, 126-127 [1st Dept 2018]). Upon petitioner's FOIL request seeking the contents of a medical...

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