Justice Thomas Feinman
Petitioners moved for a declaration that respondents violated the Public Officers Law, Freedom of Information Law (FOIL), by failing to provide petitioners with requested information. Nassau County Community College Foundation sought dismissal arguing it was not an agency subject to FOIL. The court noted as Nassau Community College complied with outstanding requests, the petition against it was moot. The Foundation’s Certificate of Incorporation provided it was a not-for-profit corporation that, while advancing the interest of the college, a government agency, was not itself an agency subject to FOIL. The Foundation also demonstrated it received no government funding, was supported solely by private donations, and had full control and ownership of its assets that were expended and invested by its Board of Directors. It also noted that it acted wholly independently of the College. The court agreed finding the not-for-profit Foundation was not controlled in any manner by acts of the College, and was not an "agency" within the meaning of FOIL. Therefore, the court granted the Foundation’s cross-motion dismissing the petition against it.
