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NY FOIA : ample evidence supported determination that trade secret exemption was properly applied to petitioner's request

856 N.Y.S.2d 281, 2008 N.Y. Slip Op. 03380
Supreme Court, Appellate Division, Third Department, New York

In the Matter of the CITY OF SCHENECTADY, Appellant,
v.
James J. O'KEEFFE, as Records Appeals Officer of the New York State Board of
Real Property Services, et al., Respondents.

April 17, 2008.


Background: Petitioner brought article 78 proceeding to review determination of
New York State Board of Real Property Services denying petitioner's Freedom of
Information Law (FOIL) requests. The Supreme Court, Albany County, Connolly, J.,
dismissed petitioner's application. Petitioner appealed.


Holdings: The Supreme Court, Appellate Division, Kavanagh, J., held that:

(1) ample evidence supported determination that trade secret exemption was
properly applied to petitioner's request, and

(2) Office of Real Property Services (ORPS) gave adequate explanation for its
decision to deny petitioner's FOIL request.

Affirmed.

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