New York Court of Appeals
In the Matter of Daily Gazette Company, Respondents v. City of Schenectady, Appellants
April 6, 199993 N.Y.2d 145
Summary
The New York Court of Appeals held that police disciplinary records sought by newspapers are exempt from disclosure under Civil Rights Law § 50-a because of the potential for abusive use, regardless of the requester's purpose. The court reversed the Appellate Division, affirmed the agency's burden to demonstrate a substantial risk of harassment, and dismissed the petitioners' FOIL requests.