Freedom of Information Law (FOIL) in New York

What Is the Freedom of Information Law (FOIL)?

Background

“The policy underlying FOIL ‘is to promote open government and public accountability by imposing upon governmental agencies a broad duty to make their records available to the public.’” (BuzzFeed, Inc. v Deputy Comm'r, Trials, N.Y.C. Police Dep't, 2019 N.Y. Slip Op. 31743, 20-21 [N.Y. Sup. Ct. 2019] citing Matter of Johnson v. New York City Police Dept. (1999) 257 A.D.2d 343, 346; see also Matter of Abdur-Rashid v. New York City Police Dept. (2018) 31 N.Y.3d 217, 224-225 [“The statute is based on the policy that the public is vested with an inherent right to know and that official secrecy is anathematic to our form of government.”])

General Information for Complaints and Motions

CPLR Article 31 and FOIL

“Where a person seeking records is a litigant the discovery provisions of the CPLR and the Freedom of Information Law provide independent vehicles for the production of records.” Matter of Schwartz (1986) 130 Misc. 2d 786, 787-88.)

“The requirements of specificity and relevancy in CPLR article 31 are not applicable to the Freedom of Information Law.” (Matter of Schwartz (1986) 130 Misc. 2d 786, 788 citing Matter of Farbman Sons v. New York City Health Hosps. Corp. (1984) 62 N.Y.2d 75; FOIL-AO-3586.) “Thus, when a litigant seeks records of a government agency, access will usually be greater under the Freedom of Information Law.” (Id., citing 36 Syracuse L Rev 461, 487-492.)

“Where a litigant seeks information under the Freedom of Information Law the government agency may not raise the common-law privilege as a defense. The Freedom of Information Law fixes the government's interest.” (Matter of Schwartz, supra, 130 Misc. 2d at 788 citing Matter of Doolan v Board of Coop. Educ. Servs. (1979) 48 N.Y.2d 341.)

Government Records

“Government records are presumed to be open to the public, unless they fall under one of the statutory exemptions listed in POL § 87 (2).” (Id., citing Matter of Thomas v New York City Dept. of Educ. (2013) 103 A.D.3d 495, 496.) “The exemptions are to be ‘narrowly construed’ and the agency has the burden ‘to demonstrate that the requested material indeed qualifies for exemption.’” (Matter of Thomas, id. at 496.)

The Court’s Decision

Court Records

“Court records are not subject to FOIL's disclosure requirements.” (BuzzFeed, Inc. v. Deputy Comm'r, Trials, N.Y.C. Police Dep't, 2019 N.Y. Slip Op. 31743, 20-21 [N.Y. Sup. Ct. 2019].) Indeed, in Matter of Newsday, Inc. v. Empire State Dev. Corp. (98 N.Y.2d 359, 363 [2002]) the Court held that “the judiciary is expressly excluded from agency status under FOIL. Therefore, no information ... in any physical form held or kept by a court as such is subject at all to FOIL, any more so than would records held or kept by a private person or any nongovernmental entity.” (Id.)

Balancing Test for Review

“A balancing test should be applied to determine whether the government's interest in nondisclosure outweighs the petitioners' interest in disclosure.” (Friedman v. Bache Halsey Stuart Shields, supra.) “As part of the balancing test, the court should take into account the Legislature's concern for preserving the confidentiality of the records of the police department and other law enforcement agencies, as expressed in the Freedom of Information Law.” (Matter of Schwartz, surpa, at 789 citing Toran, Information Disclosure in Civil Actions: The Freedom of Information Act and the Federal Discovery Rules, 49 Geo Wash L Rev 843, 848-854.)

Documents for Freedom of Information Law (FOIL) in New York

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Maurice Anthony, Corey Allen, Anna Adams, Andy Gneco, Andre Greene, Eric Lee, Stephanie Pena, Boubacare Tunkara, Altereak Witherspoon , on behalf of themselves and all others similarly situated v. New York State Department Of Corrections And Community Supervision, Daniel F. Martuscello Iii , Acting Commissioner, New York State Department of Corrections and Community Supervision, New York State Office Of Mental Health, Anne Marie Sullivan , Commissioner, New York State Office of Mental Health document preview

EXHIBIT(S) - 6 - FOIL Response Log No. DOCCS-22-05-274

2 pages

FILED: KINGS COUNTY CLERK 05/07/2024 09:16 PM INDEX NO. 512871/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/07/2024 EXHIBIT 6 FILED: KINGS COUNTY CLERK 05/07/2024 09:16 PM INDEX NO. 512871/2024 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 05/07/2024 KATHY HOCHUL A…

Case Name Maurice Anthony, Corey Allen, Anna Adams, Andy Gneco, Andre Greene, Eric L…