Newburgh Resident Files Court Petition Challenging City's Compliance With Records Law

A Newburgh resident has turned to Orange County Supreme Court to compel the city to answer for what appears to be a dispute over public records access, filing a legal petition last week that names three of Newburgh's top officials by title.

B.J. Mendelson filed a Request for Judicial Intervention on March 30 under CPLR Article 78, a New York procedure used to challenge the lawfulness of government action or inaction. The case, captioned B.J. Mendelson v. City of Newburgh et al. and assigned Index No. EF003183-2026, was entered into the Orange County Clerk's docket the same day a judge was assigned to the matter.

The petition names City Clerk and Records Access Officer Katrina Cotten, Corporation Counsel and FOIL Appeals Officer Michelle Kelson, and Interim City Manager Jason Morris, all in their official capacities. The inclusion of Cotten and Kelson, who hold the two roles central to processing and appealing public records requests under New York's Freedom of Information Law, points directly to a records-access dispute with the city.

Article 78 is the standard legal route for New York residents who believe a government agency has violated its statutory duties, including obligations to produce records under FOIL. A successful petition can produce a court order directing the city to release withheld documents, reverse an administrative determination, or take other corrective action. The court could also dismiss the case if it finds jurisdictional or procedural deficiencies, or require the city to submit its administrative record for judicial review before issuing a ruling.

The filing arrives as Newburgh continues to draw scrutiny over election- and administration-related disputes. With a judge now assigned and the case on the court calendar, the city will need to formally justify its handling of whatever records request underlies the petition.