IN THE MATTER OF DAVID A. STOLL, AS ATTORNEY FOR JAMES B. MAAS, RESPONDENT,
v. NEW YORK STATE COLLEGE OF VETERINARY MEDICINE AT CORNELL UNIVERSITY, ET
AL., APPELLANTS.
94 N.Y.2d 162 (1999).
November 23, 1999
3 No. 178
(99 NY Int. 0156)
Decided November 23, 1999
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
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James J. Mingle, for appellants.
David A. Stoll, for respondent.
KAYE, CHIEF JUDGE:
Petitioner, David Stoll, is the attorney for James Maas, a University
professor disciplined for having sexually harassed several female
undergraduate students ( see, Maas v University, ___ NY2d ___ (decided
today)). Stoll filed a request under the Freedom of Information Law
(FOIL) seeking from any complaints brought under the University's
Campus Code of Conduct, "including any complaints made to a
supervisor, department head or the Judicial Administrator * * * by or
against any administrator, professor or student of any statutory
college operated by pursuant to the New York Education Law," and "any
documents, including any written findings, relating to those
complaints." The "statutory colleges" referred to in petitioner's
request are respondents: the New York State College of Veterinary
Medicine, the New York State College of Agriculture and Life Sciences,
the New York State College of Human Ecology, and the New York State
School of Industrial and Labor Relations ( see, Education Law
5711, 5712, 5714, 5715).
After respondents denied the request, petitioner brought the instant
article 78 proceeding to compel production. Supreme Court rejected
petitioner's request, ruling that respondents are not State agencies
subject to FOIL. The Appellate Division reversed, reasoning that
operated the statutory colleges on behalf of the State University of
New York (SUNY), which is a State agency under FOIL; the statutory
colleges were State agencies under the State Finance Law; they were
SNIPPETS:
NEW YORK STATE COLLEGE OF VETERINARY MEDICINE AT CORNELL UNIVERSITY,
This opinion is uncorrected and subject to revision before publication in the New York
David A. Stoll, for respondent.
Petitioner, David Stoll, is the attorney for James Maas, a University professor disciplined
Stoll filed a request under the Freedom of Information Law seeking from any complaints
The "statutory colleges" referred to in petitioner's request are respondents: the New York
After respondents denied the request, petitioner brought the instant article 78 proceeding to
ruling that respondents are not State agencies subject to FOIL.
The Appellate Division reversed, reasoning that operated the statutory colleges on behalf of
The court therefore concluded that performed a governmental function and was subject to FOIL,
The Freedom of Information Law requires that, with certain statutory exceptions, each "
Whether 's statutory colleges also qualify as agencies of the State for FOIL purposes is an
The colleges are unique, sui generis institutions created by statute -- public in some
The SUNY Board of Trustees does not have direct operational authority over the statutory
Given the hybrid statutory character of the colleges, we cannot agree with the dissent that
has implemented a single system for administering discipline in the statutory colleges and in
Finally, we underscore that, by this decision and analysis, we do not "rule that the entire
Accordingly, the judgment of Supreme Court appealed from and the order of the Appellate
The disciplinary provisions are listed among other provisions which also give authority to as
Opinion by Chief Judge Kaye.
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