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Authority of Municipalities to Disclose Verizon?s Quarterly Franchise Reports to Cablevision Pursuant to FOIL

By Steven Silverberg and Katherine Zalantis

The Appellate Division, Second Department decided two cases last week, Matter of Verizon New York, Inc. v. Devita and Matter of Verizon New York, Inc. v. Mills on the issue of whether quarterly franchise reports submitted to municipalities by Verizon are exempt from disclosure under the Freedom of Information Law (FOIL). The cases basically held that disclosure of the detailed revenue and customer information contained in quarterly reports filed with municipalities fell within the exemption from disclosure provided in (Public Officers Law section 87(2)(d)). However, the court also held that, since FOIL favored disclosure, it is a matter of discretion whether the municipalities actually disclose the information and remitted both matters to the municipal officials to decide, in their discretion, whether to release the information...continue to full post

Full post as published by New York Zoning and Municipal Law Blog on March 30, 2009 (boomark / email).