December 14, 2021

Establishing that a public record is exempt from disclosure pursuant to New York State's Freedom of Information Law

As the Court of Appeals held in Karlin v McMahon, 96 NY2d 842, although "[a]ll government records are presumptively open for public inspection unless specifically exempt from disclosure," in this instance an affirmation of the Village Attorney demonstrating a valid basis for the denial of the Freedom of Information [FOIL] request at issue by establishing that the records sought therein were exempt from disclosure pursuant to Public Officers Law §87(2)(e)(i) and thus Supreme Court properly denied the petition and dismissed the proceeding on the merits.

Click HERE to access the Appellate Division's ruling in this matter.