New York Freedom of Information Law Agency Records Subject to Disclosure although held by Separate C
New York's Freedom of Information Law, or FOIL, is the statutory civil right giving the public access to agency records. One of the issues in this case is "does material received by a corporation providing services for a State university and kept on behalf of the university constitute a "record" that is presumptively discoverable under FOIL." Encore College Bookstores, Inc. v. Farmingdale, 639 NY2d 990 (Dec. 27, 1995)" The case concerns whether records held by a private compa


Freedom of Information Law (FOIL) - The NYPD may not pass the costs associated with reviewing or red
Policy Body Cameras have become integral to law enforcement and police accountability. The New York City Police Department (NYPD) commenced a pilot program utilizing these body cameras. In Matter of Time Warner Cable News NY1 v New York City Police Dept. (Aug. 1, 2016, New York County), news reporter Courtney Gross, sought access to the video recordings taken in conjunction with the program during five week-long periods pursuant to the Freedom of Information Law (FOIL). She s


Second Department - Mohel's Medical History not Subject to the New York Freedom of Information L
A recent case again touches upon exemptions to the public's right to know. In New York, the Public's Right to Know is a statutory civil right codified in the Public Officer's Law. New York's Freedom of Information Law or FOIL is a useful tool to expose government corruption and wrongdoing. In addition, the New York Freedom of Information Law allows people to FOIL records and FOIL documents that may be pertinent to their own well being. People can FOIL their own school records


Appellate Court Orders In Camera Inspection relating to Newsday FOIL Request surrounding Jo'Anna
Newsday sought access to records via the New York Freedom of Information Law (FOIL). The records requested were in response to potential police misconduct and the death of Jo'Anna Bird. Following the murder of Ms. Bird, the Nassau County Police Department's (NCPD) Internal Affairs Unit investigated the circumstances leading up to Bird's murder. The results of that report became the subject of litigation and, eventually, the report and the contents of the report were declared
NYPD must answer FOIL Request - Attorney's fees awarded
Michael Grabell is a journalist employed by ProPublica who sued NYPD because NYPD failed to respond to his FOIL request. The NYPD unlawfully withheld certain documents not properly exempt from disclosure under the Freedom of Information Law (FOIL) (Public Officers Law (POL) §85 et seq). Mr. Grabell sought information relating to NYPD's purchase and use of a police vehicle known as the Z-backscatter van (Van). "The Van(s) is an unmarked vehicle that contains an x-ray device th
NYPD forced to respond to FOIL request. NYS Supreme Court Justice Moulton refuses to adopt Glomar Do
Hashimi requested information from the NYPD related to the NYPD’s surveillance of Muslims. Hashimi believed that the NYPD maintained documentation on him to which the NYPD did not acknowledge, admit or deny. This request was an attempt to obtain answers or information from the NYPD. The appeal was brought after the request and an appeal. Law (Exception to FOIL): Information that might disclose non-routine law enforcement techniques, or reveal the identities of undercover oper
Article 78 Proceeding was premature – although significantly delayed, no final determination was iss
“The application by pro se petitioner for an order pursuant to CPLR Article 78, compelling respondents to provide petitioner with records responsive to his September 16, 2013 request in accordance with the Freedom of Information Law ("FOIL") as codified in Public Officers Law ("POL") §84, et seq., is denied and the proceeding is dismissed without costs and disbursements to either party.” Petitioner sent a letter to the Freedom of Information Administrator of the Port Authorit