WHITE PLAINS, NY (April 3, 2026) — A Freedom of Information Law lawsuit brought by Robert Cox (Talk of the Sound) against the City School District of New Rochelle is moving forward in Westchester County Supreme Court, where the District has filed a motion to dismiss a petition seeking records related to its relationship with Shrub Oak International School.
The proceeding stems from FOIL requests submitted on October 8, 2024, seeking legal invoices and payments related to Shrub Oak International School from 2019 to present, emails to and from Lauren Koffler of Shrub Oak, and timesheets and paychecks for aides assigned to travel with students to and from the school.
From October 2024 through January 2026, the District acknowledged the requests and issued more than a dozen extensions over a period exceeding 14 months, repeatedly citing the “voluminous” nature of the materials sought. On December 29, 2025, an administrative appeal was filed citing constructive denial due to the prolonged delay.
On January 12 and 13, 2026, the District produced approximately 543 pages of emails and 380 pages of legal invoices. The invoice production consisted of heavily redacted documents with nearly all substantive billing information withheld. The email production was described in the petition as facially incomplete, containing missing attachments, broken threads, and references to documents not produced.
A second administrative appeal was filed on January 14, 2026, challenging the adequacy of the partial production and the scope of the redactions. The Article 78 proceeding was commenced on February 11, 2026.
On March 27, 2026, the District filed a motion to dismiss the petition. Opposition papers were filed on April 3, 2026, responding to each ground raised in the motion.
The District argues the petition should be dismissed on the grounds that the matter is moot because records have been produced, that there has been no final agency determination, and that the petition fails to state a cause of action.
The opposition contends that the production was inadequate, citing heavy redactions without particularized justification or a Vaughn index, facially incomplete email records with missing attachments and broken threads, and the absence of any sworn affidavit describing the search methodology. The opposition further argues that the District’s failure to determine the January 14, 2026 administrative appeal within the statutory 10-business-day period constitutes a denial by operation of law under Public Officers Law § 89(4)(a), and that live controversies remain regarding the adequacy of the search and redactions.
The District’s motion papers also included arguments unrelated to FOIL compliance, including claims that defending the case would divert limited resources away from schoolchildren amid a reported $20 million budget deficit, references to the petition as “baseless,” and a request that the Court disregard the amended petition as “errant, inappropriate, duplicative, and irrelevant,” despite acknowledging proper service of the original papers.
The motion is scheduled for an administrative appearance before Justice Sheralyn Pulver on Monday, April 6, 2026. No appearance is required.
This proceeding concerns access to public records regarding how taxpayer dollars are spent and how public agencies respond to FOIL requests. Talk of the Sound will continue to report on the matter as it progresses, including any decision following the April 6 administrative appearance.
Stay tuned for further updates.
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This article was prepared with the assistance of AI tools under the direction and editing of Robert Cox.
Have information about this story? Email robertcox@talkofthesound (preferred) or contact via WhatsApp: +353 089 972 0669.