New York Court of Appeals

The Matter of Appellate Advocates v. New York State Department of Corrections and Community Supervision

December 19, 2023

Summary

The Court affirmed that the Department of Corrections and Community Supervision properly withheld eleven documents as attorney‑client privileged communications exempt from FOIL disclosure, and held that the public‑policy interest in transparency does not override the privilege. The decision rests on the narrow construction of FOIL exemptions and the purpose‑based test for privilege.