Opinion
03-31-2016
In re Michael P. THOMAS Petitioner–Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, etc., et al., Respondents–Respondents.
Michael P. Thomas, appellant pro se. Zachary W. Carter, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for respondents.
Michael P. Thomas, appellant pro se.
Zachary W. Carter, Corporation Counsel, New York (Elizabeth S. Natrella of counsel), for respondents.
Judgment, Supreme Court, New York County (Cynthia S. Kern, J.), entered December 9, 2014, denying the petition to direct respondents to disclose certain records pursuant to the Freedom of Information Law, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
Petitioner seeks disclosure of materials pertaining to the investigation of his allegations that certain students improperly received mathematics credits or diplomas in violation of Department of Education (DOE) policies. As Supreme Court determined, DOE acted properly in finding that the intra-agency documents at issue were exempt from disclosure pursuant to Public Officers Law § 87(2)(g), since the documents constituted, among other things, pre-decisional materials prepared to assist DOE in making its final decision (see e.g. Matter of McAulay v. Board of Educ. of City of N.Y., 61 A.D.2d 1048, 403 N.Y.S.2d 116 [2d Dept.1978], affd. 48 N.Y.2d 659, 421 N.Y.S.2d 560, 396 N.E.2d 1033 [1979] ).
MAZZARELLI, J.P., RENWICK, MOSKOWITZ, KAPNICK, KAHN, JJ., concur.