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MATTER OF NYP HOLDINGS, INC. v. NEW YORK CITY POLICE DEPT.

Index No. 159132/21. Appeal No. 788. Case No. 2023-00242.

220 A.D.3d 487 (2023)

198 N.Y.S.3d 7

2023 NY Slip Op 05193

In the Matter of NYP Holdings, Inc., et al., Respondents-Appellants, v. New York City Police Department et al., Appellants-Respondents, and Police Benevolent Association of the City of New York, Inc., Intervenor Respondent-Appellant-Respondent.

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

Decided October 12, 2023.

Attorney(s) appearing for the Case

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Diana Lawless of counsel), for municipal appellants-respondents.

Golenbock Eiseman Assor Bell & Peskoe LLP, New York ( Matthew C. Daly of counsel), for Police Benevolent Association of the City of New York, Inc., appellant-respondent.

Davis Wright Tremaine LLP, New York ( Jeremy A. Chase of counsel), for NYP Holdings, Inc. and Craig McCarthy, respondents-appellants.

Concur—Kapnick, J.P., Oing, Moulton, Higgitt, JJ.

Judgment, Supreme Court, New York County (Arlene P. Bluth, J.), entered on or about December 7, 2022, insofar as appealed from as limited by the briefs, granting the petition brought pursuant to CPLR article 78 to compel respondents to disclose substantiated and unsubstantiated disciplinary records of the police officers identified in the subject requests pursuant to the Freedom of Information Law (FOIL) (Public Officers Law §§ 84-90), directing the parties to confer...

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