Summary
In Matter of Morris v Martin (55 N.Y.2d 1026, revg 82 A.D.2d 965; see also, Matter of Brownstone Publs. v New York City Dept. of Fin., 150 A.D.2d 185, lv denied 75 N.Y.2d 791), the Court of Appeals rejected the Third Department's reasoning that an Administrative Code provision is, for all practical purposes, a State statute.
Summary of this case from Matter of Mitchell v. BorakoveOpinion
Decided February 25, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DE FOREST C. PITT, J.
Eugene J. Morris for appellant. Robert Abrams, Attorney-General ( Maurice K. Peaslee of counsel), for respondents.
Frederick A.O. Schwarz, Jr., Corporation Counsel ( Reed G. Schneider of counsel), for intervenor-respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order reversed, with costs, and the judgment of Supreme Court, Albany County, reinstated. We agree with Special Term that the material requested by petitioner is not exempted from disclosure under Public Officers Law, § 87 (subd 2, pars [a], [b] or [g]).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER. Taking no part: Judge FUCHSBERG.