November 15, 2022

Prevailing in an Article 78 proceeding.

During the pendency of this proceeding, which was based on a Freedom of Information Law (FOIL) request, the respondents disclosed, with limited redactions, the records that the petitioner sought. The fact that the records were disclosed voluntarily is irrelevant to the issue of whether the petitioner substantially prevailed. Therefore, the petitioner is entitled to attorneys' fees and costs.

Matter of Jaskaran v. City of New York, NY Slip Op 06166 (1st Dep't November 3, 2022)

Here is the decision.