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February 07, 2012

Names of retired New York City police officers not available pursuant to a FOIL request

Names of retired New York City police officers not available pursuant to a FOIL request
Empire Ctr. for N.Y. State Policy v New York City Police Pension Fund, 88 AD3d 520

The Appellate Division affirmed a Supreme Court ruling that denied the Empire Center for New York State Policy’s petition seeking an order directing the New York City Police Pension Fund to comply with Freedom of Information Law (FOIL) request for the names of all of the Funds retired members.

Noting that 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 [see Matter of New York Veteran Police Assn. v New York City Police Dept. Art. I Pension Fund (61 NY2d 659)], the Appellate Division said that Supreme Court had properly denied the petition as Empire Center offered “no persuasive argument distinguishing its FOIL request from that in Matter of New York Veteran Police Assn.

The decision is posted on the Internet at:
http://www.nycourts.gov/reporter/3dseries/2011/2011_07259.htm

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