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Aurelius Capital Management, LP v. Dinallo

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


February 11, 2010

IN RE AURELIUS CAPITAL MANAGEMENT, LP, PETITIONER-APPELLANT,
v.
ERIC R. DINALLO, SUPERINTENDENT OF THE STATE OF NEW YORK INSURANCE DEPARTMENT, RESPONDENT-RESPONDENT,
MBIA INC., INTERVENOR-RESPONDENT.

Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered January 16, 2009, denying the petition to annul respondent's determination that denied petitioner's Freedom of Information Law (FOIL) application to compel respondent New York State Insurance Department to disclose certain information submitted to it by intervenor-respondent MBIA Inc., and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Mazzarelli, J.P., Acosta, Renwick, Freedman, JJ.

108462/08

The court correctly determined that disclosure of the additional information sought would likely result in substantial competitive injury to MBIA (see Matter of Encore Coll. Bookstores v Auxiliary Serv. Corp. of State Univ. of N.Y. at Farmingdale, 87 NY2d 410 [1995]).

20100211

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