Is it a requirement that the agency from which information is sought be the agency making the decision to which the information relates?
The following excerpt is from Doolan v. Board of Co-op Educational Services, Second Supervisory Dist. of Suffolk County, 398 N.E.2d 533, 422 N.Y.S.2d 927, 48 N.Y.2d 341 (N.Y. 1979):
Nothing in either section 84 or 87 requires that the agency from which information is sought be the agency making the decision to which the information relates. The contrary intent is clear from the general language by which reference is made in section 84 to "governmental decision-making" and to "statistics leading to determinations" and from the requirement of section 87 that, with explicitly stated exceptions, "all records" be made available. Furthermore, the reference in former section 88 (subd. 1, par. d) to "tabulations made By or For the agency" (emphasis supplied) and the limited exception for "Inter-agency or Intra-agency materials which are not: (i) statistical or factual tabulations" (emphasis supplied) in present section 87 (subd. 2, par. (g)) make pellucidly clear that the fact that BOCES policy is not involved is no bar to obtaining the data from that agency (cf. Matter of Dunlea v. Goldmark, 54 A.D.2d
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