New York Court of Appeals
Community Board 7 of the Borough of Manhattan, Respondent v. Richard L. Schaffer, as Director of the New York City…
June 16, 199484 N.Y.2d 148
Summary
The New York Court of Appeals reversed the Appellate Division and dismissed the community board's article 78 proceeding, holding that the board lacks the statutory capacity to sue for FOIL document disclosure despite having standing. The Court distinguished capacity from standing and found no express or implied authority in the City Charter for such suits.