Lecker v. New York City Board of Education

Full title: SEYMOUR LECKER, Appellant, v. NEW YORK CITY BOARD OF EDUCATION, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 11, 1990

157 A.D.2d 486 (N.Y. App. Div. 1990)

549 N.Y.S.2d 673

Opinion

January 11, 1990

Appeal from the Supreme Court, New York County (Irma Vidal Santaella, J.).

The principle issue presented on this appeal is whether section II (4) of respondent's Regulations Relating to the Inspection and Copying of Records must be amended to require respondent to either grant or deny access to records within 10 days after acknowledgment of receipt of the request for records. This requirement is contained in the regulations promulgated by the Committee on Open Government ( 21 NYCRR 1401.5 [d]). Although section 1401.5 (d) contains this requirement, the regulation is invalid as it is inconsistent with Public Officers Law § 89 (3), which contains no such time limitation but merely requires (as does the Board's regulation II [4]) that the person requesting a record be furnished with a statement of the "approximate date when such request will be granted or denied".

Concur — Murphy, P.J., Sullivan, Carro and Rosenberger, JJ.