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 that the Department and insurers failed to meet the burden of proving a FOIL exemption under Public Officers Law § 87(2)(d); therefore the reports must be disclosed. The Court reversed the Appellate Division and reinstated the Supreme Court order, and noted that the burden of showing competitive injury rests on the party seeking exemption.