The County's Office of the District Attorney [ODA] declined to provide Plaintiff with certain records pursuant to New York State's Freedom of Information Law [FOIL]* relating to a female witness who was the victim of a sex offense.
Plaintiff then commenced a proceeding pursuant to CPLR Article 78 seeking a court order compelling the ODA to produce the records demanded. Supreme Court, agreeing with ODA contention that the records sought by Plaintiff were "exempt from disclosure" pursuant to both Public Officers Law §87(2)(a) and Public Officers Law §87(2)(e)(i), denied Plaintiff's petition and dismissed the proceeding, .
Plaintiff appealed Supreme Court's ruling.
The Appellate Division affirmed the Supreme Court's decision noting that with regard to the records requested by the Plaintiff relating to a female witness who was the victim of a sex offense, ODA had satisfied its burden of establishing that the records demanded were exempt from disclosure pursuant to Public Officers Law §87(2)(a).
The decision notes that:
1. "All government records are presumptively open for public inspection unless specifically exempt from disclosure," citing Matter of Crowe v Guccione, 171 AD3d 1170;
2. "Public Officers Law §87(2)(a) provides that an agency may deny access to records that are specifically exempted from disclosure by state or federal statute" (see Matter of Crowe v Guccione, supra); and
3. "Civil Rights Law §50-b(1) provides a statutory exemption from disclosure for documents that tend to identify the victim of a sex offense", noting Matter of Karlin v McMahon, 96 NY2d at 843.
The Appellate Division further observed that ODA "also satisfied its burden of establishing that all of the requested records were exempt from disclosure pursuant to Public Officers Law §87(2)(e)(i).**
Here, opined the court, Plaintiff had made a "particularized FOIL request," and the ODA had demonstrated a risk associated with such disclosure that would adversely interfere a pending habeas corpus proceeding.
Other limitations on the release of some public records by statute include Education Law, §1127 - Confidentiality of records and §33.13 Mental Hygiene Law - Clinical records; confidentiality. For links to selected FOIL decision summaries posted by NYPPL click HERE.
* See Public Officers Law Article 6.
** Public Officers Law §87(2)(e)(i) provides that an agency may deny access to records that 'are compiled for law enforcement purposes only to the extent that disclosure would interfere with law enforcement investigations or judicial proceedings" by demonstrating a valid basis for denial of the Plaintiff's FOIL request, and establishing that the records sought were exempt from disclosure pursuant to §87(2)(e)(i).
Click HERE to access the Appellate Division's decision posted on the Internet.