Compelling disclosure of certain records pursuant to New York State's Freedom of Information Law

The Appellate Division reversed a Supreme Court's decision dismissing branches of a Freedom of Information petition seeking [1] certain certain records pertaining to the creation or maintenance of a police department's current databases and [2] attorney's fees and litigation costs. 

The court noted the requirement that a FOIL request reasonably describing the records sought is to enable the agency to locate the records in question, citing Matter of Konigsberg v Coughlin, 68 NY2d 245 and Matter of M. Farbman & Sons v New York City Health & Hosps. Corp., 62 NY2d 75. 

In order for an agency to deny a FOIL request for overbreadth, the Appellate Division  said the agency must demonstrate that the description is "insufficient for purposes of locating and identifying the documents sought", citing Matter of Konigsberg v Coughlin, 68 NY2d at 249.

The matter was then remitted to the Supreme Court for further proceedings. 

Click HERE access the Appellate Division's decision.