January 08, 2025

Work product of an attorney protected from disclosure under color of New York State's Freedom of Information Law

The Appellate Division unanimously affirmed a Supreme Court's sustaining an agency's Records Access Officer's denial of an attorney's Freedom of Information Law request for access to a District Attorney's Datasheet concerning the attorney's client.

The Appellate Division opined the Supreme Court "properly concluded, after an in camera inspection of the Datasheet that the subject datasheet constituted attorney work product protected from disclosure by CPLR 3101(c)* and that it need not be disclosed to the attorney subject to redactions."

* See Public Officers Law §87[2][a]

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