ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

May 11, 2023

Complying with the requirements of New York State's Freedom of Information Law

In New York Civ. Liberties Union v State of New York, 4 NY3d 175 the Court of Appeals held that "mandamus* is available 'only to enforce a clear legal right where the public official has failed to perform a duty enjoined by law'"

In this action brought by Plaintiff pursuant to CPLR §7803[1] seeking certain agency records under color of New York State's Freedom of Information Law, the Appellate Division held that the agency, in response to Petitioner's request for information to assist him in formulating FOIL requests for certain records, "fully complied with its obligation under 21 NYCRR 1401.2(b)(2) to 'indicate the manner in which the records are filed, retrieved or generated to assist [Petitioner] in reasonably describing records'".

The court noted that the FOIL appeal officer provided Petitioner with a list of records maintained by subject matter, instructed Petitioner to include "relevant docket numbers, dates, names, addresses, [and] descriptions," and advised Petitioner to avoid the use of "phrase[s] or reference material[s]" because the records were not maintained or characterized in that manner.

The Appellate Division noted that nothing in the regulation supported Petitioner's argument that agency was required to produce additional information regarding how the records were stored and retrieved in its database. Further, said the court, Petitioner's reliance on Defenders v New York City Police Dept. (2017 NYLJ LEXIS 1412) was misplaced as the court held "the NYPD was not required to provide database fields."

* The writ of mandamus, Latin for we command, to compel an official to perform "acts that such officials are duty-bound to perform." Other ancient writs include the writ of prohibition – a writ issued by a higher tribunal to a lower tribunal to "prohibit" the adjudication of a matter then pending before the lower tribunal on the grounds that the lower tribunal "lacked jurisdiction;" the writ of injunction - a judicial order preventing a public official from performing an act; the writ of certiorari, compelling a lower court to send its record of a case to the higher tribunal for review by the higher tribunal; and the writ of quo warranto [by what authority]. The Civil Practice Law and Rules sets out the modern equivalents of the surviving ancient writs.

Click HERE to access the Appellate Division's decision posted on the Internet.

 

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Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
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