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NY TIMES v. NYC FIRE DEPT.

4 N.Y.3d 477 (2005)

829 N.E.2d 266

796 N.Y.S.2d 302

In the Matter of THE NEW YORK TIMES COMPANY et al., Appellants-Respondents, and CATHERINE T. REGENHARD et al., Intervenors-Appellants, v. CITY OF NEW YORK FIRE DEPARTMENT, Respondent-Appellant.

Court of Appeals of the State of New York.

Decided March 24, 2005.

Attorney(s) appearing for the Case

David E. McCraw, New York City, for appellants-respondents.

Michael A. Cardozo, Corporation Counsel, New York City (John Hogrogian, Lawrence S. Kahn, Pamela Seider Dolgow and Marilyn Richter of counsel), for respondent-appellant.

Norman Siegel, New York City, and Kramer Levin Naftalis & Frankel LLP (Thomas H. Moreland, Ilyssa B. Sena and Jennifer Jones of counsel) for intervenors-appellants.

Judges G.B. SMITH, GRAFFEO and READ concur with Judge R.S. SMITH; Judge ROSENBLATT dissents in part in a separate opinion in which Chief Judge KAYE and Judge CIPARICK concur.

OPINION OF THE COURT

R.S. SMITH, J.

The issue here is whether the New York City Fire Department is required by the Freedom of Information Law (FOIL) to disclose tapes and transcripts of certain conversations that occurred on and shortly after September 11, 2001. Supreme Court and the Appellate Division held that FOIL requires disclosure of some, but not all, of the materials in dispute. We affirm most of the...

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