Ny B9 Nyt V Fdny Fdr- Entire Contents- Case Summary- Supreme Court Of Ny- 1st Pg For Reference 436
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195 Misc
195 Misc. 2d 119, *; 754 N.Y.S.2d 517, **; 2003 N.Y. Misc. LEXIS 94, *** In the Matter of NEW YORK TIMES COMPANY et al., Petitioners, v CITY OF NEW YORK FIRE DEPARTMENT, Respondent. Index No. 110753/02 SUPREME COURT OF NEW YORK, NEW YORK COUNTY 195 Misc. 2d 119; 754 N.Y.S.2d 517; 2003 N.Y. Misc. LEXIS 94
February 4, 2003, Decided NOTICE: [***!] THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING THE RELEASE OF THE FINAL PUBLISHED VERSION. THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE MISCELLANEOUS REPORTS. SUBSEQUENT HISTORY: Counsel Amended February 25, 2003. As Amended April 10, 2003. DISPOSITION: The court ruled upon petitioners' F.O.I.L. requests; request for attorney's fees and litigation costs denied. CASE SUMMARY
PROCEDURAL POSTURE: Petitioners, a newspaper reporter and his employer, brought a combined declaratory judgment action and appeal pursuant to N.Y. C.P.L.R. art. 78 of the denial by respondent fire department of New York City, New York, of certain of their requests under the New York Freedom of Information Law (FOIL), N.Y. Pub. Off. Law art. 6, for documents relating to the events of September 11, 2001.
OVERVIEW: The newspaper reporter learned that the fire department had compiled oral histories obtained from more than 500 firefighters who had been deeply involved in rescue efforts on September 11. He and the newspaper commenced a FOIL action to compel the release of those oral histories and also to obtain the tapes and transcripts of 911 calls made on that day. The court held that the fire department had failed to carry its burden of showing that the oral histories fell within the "compiled for law enforcement purposes" exemption from disclosure set forth at N.Y. Pub. Off. Law ยง 87(2)(e)(i). These were historical documents, and there was no showing that their release would prejudice the upcoming trial of a prominent suspected terrorist. Only the firefighters' private feelings or their deliberative
http://kinesis.swishmail.com./webmail/imp/view.php?thismailbox=INBOX&index=2058&... 9/11/2003
195 Misc
195 Misc. 2d 119, *; 754 N.Y.S.2d 517, **; 2003 N.Y. Misc. LEXIS 94, *** In the Matter of NEW YORK TIMES COMPANY et al., Petitioners, v CITY OF NEW YORK FIRE DEPARTMENT, Respondent. Index No. 110753/02 SUPREME COURT OF NEW YORK, NEW YORK COUNTY 195 Misc. 2d 119; 754 N.Y.S.2d 517; 2003 N.Y. Misc. LEXIS 94
February 4, 2003, Decided NOTICE: [***!] THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING THE RELEASE OF THE FINAL PUBLISHED VERSION. THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE MISCELLANEOUS REPORTS. SUBSEQUENT HISTORY: Counsel Amended February 25, 2003. As Amended April 10, 2003. DISPOSITION: The court ruled upon petitioners' F.O.I.L. requests; request for attorney's fees and litigation costs denied. CASE SUMMARY
PROCEDURAL POSTURE: Petitioners, a newspaper reporter and his employer, brought a combined declaratory judgment action and appeal pursuant to N.Y. C.P.L.R. art. 78 of the denial by respondent fire department of New York City, New York, of certain of their requests under the New York Freedom of Information Law (FOIL), N.Y. Pub. Off. Law art. 6, for documents relating to the events of September 11, 2001.
OVERVIEW: The newspaper reporter learned that the fire department had compiled oral histories obtained from more than 500 firefighters who had been deeply involved in rescue efforts on September 11. He and the newspaper commenced a FOIL action to compel the release of those oral histories and also to obtain the tapes and transcripts of 911 calls made on that day. The court held that the fire department had failed to carry its burden of showing that the oral histories fell within the "compiled for law enforcement purposes" exemption from disclosure set forth at N.Y. Pub. Off. Law ยง 87(2)(e)(i). These were historical documents, and there was no showing that their release would prejudice the upcoming trial of a prominent suspected terrorist. Only the firefighters' private feelings or their deliberative
http://kinesis.swishmail.com./webmail/imp/view.php?thismailbox=INBOX&index=2058&... 9/11/2003
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