Party Notice: Newsday Llc v. New York State Education Department

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                                FILED: ALBANY COUNTY CLERK 03/14/2024 01:47 PM                                                     INDEX NO. 902563-24
NYSCEF DOC. NO. 18                                                                        RECEIVED NYSCEF: 03/14/2024




          SUPREME COURT OF THE STATE OF NEW YORK
          COUNTY OF ALBANY
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         In the Matter of                                                      :
                                                                               :
         NEWSDAY LLC,                                                          :
                                                                               :   NOTICE OF PETITION
                                             Petitioner/Plaintiff,             :
                                                                               :   Index No. ___________
                                             -v-                               :
                                                                               :
         NEW YORK STATE EDUCATION DEPARTMENT, :
                                                                               :
                                             Respondent/Defendant.             :
                                                                               :
         for a judgment pursuant to Article 78                                 :
         of the New York Civil Practice Law and Rules                          :
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                         TO THE SUPREME COURT OF THE STATE OF NEW YORK

                 PLEASE TAKE NOTICE that, upon the Verified Petition of Newsday LLC

          (“Newsday”), dated March 13, 2024, together with the accompanying exhibits, an application

          will be made before a Justice to be assigned at a special term of this Court, to be held in and for

          the County of Albany, at 16 Eagle Street, Room 102, Albany, New York 12207, on April 26,

          2024, at 9:30 a.m., or as soon thereafter as counsel may be heard, for a judgment pursuant to

          Article 78 of the Civil Practice Law and Rules (“CPLR”), the Freedom of Information Law,

          Public Officers Law §§ 84, et seq. (“FOIL”) and CPLR § 3001:

                          (a)      Vacating, overruling, and prohibiting the enforcement of those portions of

         NYSED’s administrative decision that deny access to physicians’ responses to “moral character”

          questions in the requested license renewal applications;

                 (b)      Directing NYSED to provide the license renewal applications specified in the

          Request without redactions to physicians’ responses to “moral character” questions;




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FILED: ALBANY COUNTY CLERK 03/14/2024 01:47 PM                                                    INDEX NO. 902563-24
NYSCEF DOC. NO. 18                                                                      RECEIVED NYSCEF: 03/14/2024




                   (c)      Awarding Newsday its costs and attorneys’ fees pursuant to Public Officers Law

          § 89(4)(c); and

                   (d)      Awarding Newsday such other and further relief as the Court deems just and

         proper.

                   PLEASE TAKE FURTHER NOTICE that, pursuant to CPLR § 7804(c), answering

         papers, if any, shall be received by the undersigned at least five (5) days before the return date of

          this application.

           Dated: March 14, 2024                  Respectfully submitted,
                                                  BALLARD SPAHR LLP
                                                  By:     /s/ Alia L. Smith
                                                        Alia L. Smith
                                                        Anna O. Kaul
                                                  1675 Broadway, 19th Floor
                                                  New York, NY 10019
                                                  Tel.: (212) 223-0200; Fax: (212) 223-1942
                                                  SmithAlia@ballardspahr.com
                                                  KaulA@ballardspahr.com
                                                  Attorneys for Petitioner

         TO:       New York State Education Department
                   89 Washington Avenue
                   Albany, NY 12234




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