Robbins v. N.Y. Corn & Soybean Growers Ass'n, Inc., No. 15-973, 2017 WL 1066672 (N.D.N.Y. Mar. 21, 2017) (Sharpe, J.)

Robbins v. N.Y. Corn & Soybean Growers Ass'n, Inc., No. 15-973, 2017 WL 1066672 (N.D.N.Y. Mar. 21, 2017) (Sharpe, J.)

Re: Request for records concerning plaintiffs' termination

Disposition: Granting defendant's motion to dismiss

• Procedural Requirements, Entities Subject to the FOIA: The court first notes that "the Second Circuit has found that courts should evaluate whether an agency is subject to FOIA on the merits and not on a motion to dismiss for lack of subject matter jurisdiction." The court then finds that "[defendant] lacks sufficient federal supervision and control to be subject to FOIA disclosure" because "federal funding alone is insufficient to attach federal agency status."