[Here's the decision.]
So the ESDC must turn over some but not all papers requested by the plaintiffs in West Harlem Business Group v. Empire State Development Corporation. The court found some documents were exempt.
In a somewhat similar case regarding Atlantic Yards, a Supreme Court Justice ruled that it was improper for a lawyer to work simultaneously for developer Forest City Ratner and the ESDC--but the ruling was overturned when the appellate court found the representation was consecutive rather than simultaneous.
Unresolved: what exactly are the ESDC's guidelines regarding consecutive representation? How much of a gap must there be?