Exploring claimed procedural obstacles to demands for certain records pursuant to New York's Freedom of Information Law
Kirsch v Board of Educ. of Williamsville Cent. Sch. Dist., 2017 NY Slip Op 05547, Appellate Division, Fourth Department
Kim A. Kirsch filed a petition pursuant to CPLR Article 78 seeking a court order directing the Williamsville Central School District's Board of Education [Board] to comply with her Freedom of Information Law [FOIL] request. Kirsch's FOIL request sought certain email records.
Among the issues considered by the Appellate Division were:
1. Standing to submit a FOIL request;
2. Statute of Limitations;
3. Adding another party to the action;
4. Exemptions from disclosure; and
5. Identification of the records demanded.*
The Appellate Division sustained the Supreme Court's decision in favor or Kirsch. The Board then filed a motion for leave to appeal to the Court of Appeals, which motion was denied by the Appellate Division.
Among the issues considered by the Appellate Division were:
1. Standing to submit a FOIL request;
2. Statute of Limitations;
3. Adding another party to the action;
4. Exemptions from disclosure; and
5. Identification of the records demanded.*
The Appellate Division sustained the Supreme Court's decision in favor or Kirsch. The Board then filed a motion for leave to appeal to the Court of Appeals, which motion was denied by the Appellate Division.
* NYPPL's summary of the Appellate Division's ruling is posted on the Internet at: https://publicpersonnellaw.blogspot.com/2017/07/exploring-claimed-procedural-obstacles.html.
The Appellate Division's decision denying the Board of Education's motion is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_07935.htm].
The Appellate Division's decision denying the Board of Education's motion is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2017/2017_07935.htm].