EMPIRE CENTER FOR NEW YORK STATE POLICY v. NEW YORK CITY POLICE PENSION FUND

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The EMPIRE CENTER FOR NEW YORK STATE POLICY, etc., Petitioner–Appellant, v. NEW YORK CITY POLICE PENSION FUND, Respondent–Respondent.

Decided: October 18, 2011

GONZALEZ, P.J., TOM, FRIEDMAN, CATTERSON, RICHTER, JJ. Levine Sullivan Koch & Schulz, LLP, New York (David A. Schulz of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Elizabeth I. Freedman of counsel), for respondent.

Judgment, Supreme Court, New York County (Carol E. Huff, J.), entered December 30, 2010, denying the petition for an order directing respondent to comply with petitioner's Freedom of Information Law (FOIL) request for the names of all respondent's retired members, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The petition was properly denied. In Matter of New York Veteran Police Assn. v. New York City Police Dept. Art. I Pension Fund (61 N.Y.2d 659 [1983] ), the Court of Appeals held that Public Officers Law § 89(7) exempts from disclosure both the names and addresses of retirees of the New York City Police Department receiving pensions and annuities. Thus, respondent correctly denied petitioner's FOIL request seeking the names of its retired members. Petitioner offers no persuasive argument distinguishing its FOIL request from that in Matter of New York Veteran Police Assn.