Matter of NYP Holdings, Inc. v. New York City Police Dept.

Summary

The Court of Appeals held that law-enforcement disciplinary records created while the former statutory exemption was in effect may be disclosed in response to FOIL requests made after the exemption's repeal. The Court concluded that the Legislature intended the repeal to apply retroactively because FOIL generally turns on whether an agency possesses records, not when they were created, and the repeal's text, remedial purpose, and legislative history supported disclosure. The order affirming disclosure was affirmed with costs.