Jewish Press, Inc. v. N.Y.C. Dep't of Corr.

• Decision Date: 29 December 2021
• Docket Number: 2021–02183,Index No. 524818/19
• Citation: 200 A.D.3d 1038,159 N.Y.S.3d 124
• Parties: In the Matter of JEWISH PRESS, INC., respondent, v. NEW YORK CITY DEPARTMENT OF CORRECTION, appellant.
• Court: New York Supreme Court — Appellate Division

200 A.D.3d 1038
159 N.Y.S.3d 124

In the Matter of JEWISH PRESS, INC., respondent,
v.
NEW YORK CITY DEPARTMENT OF CORRECTION, appellant.

2021–02183
Index No. 524818/19

Supreme Court, Appellate Division, Second Department, New York.

Argued—November 15, 2021
December 29, 2021

Georgia M. Pestana, Corporation Counsel, New York, NY (Devin Slack, Jeremy W. Shweder, and Susan Paulson of counsel), for appellant.

Mordechai Buls, Brooklyn, NY (Aron Law, PLLC [Joseph Aron ], of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., BETSY BARROS, JOSEPH A. ZAYAS, LARA J. GENOVESI, JJ.

159 N.Y.S.3d 125

DECISION & ORDER

In a proceeding pursuant to CPLR article 78, inter alia, to compel the production of certain records pursuant to the Freedom of Information Law (Public Officers Law art 6), the New York City Department of Correction appeals from a judgment of the Supreme Court, Kings County (Mark Partnow, J.), dated February 16, 2021. The judgment, insofar as appealed from, granted that branch of the petition which was to compel the production of certain records.

ORDERED that the judgment is reversed insofar as appealed from, on the law, with costs, the petition is denied in its entirety, and the proceeding is dismissed.

In January 2019, the petitioner, Jewish Press, Inc. (hereinafter the Press), sought the production of certain records pertaining to kosher meals provided to inmates from the respondent, the New York City Department of Correction (hereinafter the DOC), pursuant to the Freedom of Information Law (Public Officers Law art 6; hereinafter FOIL). Specifically, the Press sought "any records that show how many kosher meals—and by how many inmates—were requested in each of the last 10 years," "[h]ow many of those requests were granted and how many were denied," and "[f]or the ones that were denied ... any records indicating the reason for the denial." After the Press appealed the constructive denial of its FOIL request, the DOC responded that it did not "track how many inmates request kosher meals," and provided the Press with a list of the approximate number of inmates who received kosher/halal meals on a daily basis for the years 2009 through 2019. The Press then commenced the instant proceeding pursuant to CPLR...