Court of Appeals of New York

In a CPLR 5601 proceeding brought by a town to challenge the Department of Environmental Conservation (DEC)'s denial of portions of the town's request for information under the Freedom of Information Law (FOIL) about dredging operations in the Hudson River, the judgment of the Supreme Court denying the request and the order of the Appellate Division brought up for review are modified, where: 1) the inter-agency exemption from FOIL did not apply to materials exchanged between the DEC and the federal EPA because the EPA is not an "agency" for purposes of FOIL; and 2) the EPA is not the equivalent of an outside consultant who could be found to be within the exemption.

Appellate Information

• Decided 03/23/2012
• Published 03/23/2012

Judges

• Lippman

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Craig M. Crist, Paul Groenwegen