New York Court of Appeals
In the Matter of Marty Markowitz, as Brooklyn Borough President, Appellant v. Gregory v. Serio, as Superintendent…
June 26, 200811 N.Y.3d 43
Summary
The Court held that Regulation 90 reports are public records subject to FOIL, and the Department and insurers failed to meet the burden of proving a statutory exemption, so the reports must be disclosed. The decision reverses the Appellate Division and reinstates the Supreme Court order.