Madeiros v. New York State Education Department

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Certain records compiled by Respondent, New York State Education Department, relating to municipalities’ plans for auditing special education preschool provider costs, as redacted, are exempt from disclosure under N.Y. Pub. Off. Law 87(2)(e)(i). Petitioner submitted a request to Respondent pursuant to the Freedom of Information Law seeking disclosure of documents relating to municipalities’ plans for auditing special education preschool provider costs. The Department initially denied the request but, after Petitioner commenced this proceeding directing the Department to provide her with the records sought, eventually released fifty-five pages. Supreme Court granted Petitioner's petition to the limited extent of requiring the Department to disclose two previously redacted pages, upheld the remainder of the redactions, and otherwise dismissed the proceeding, concluding that the majority of the Department’s redactions were appropriate under section 87(2)(e). The Appellate Division affirmed. The Court of Appeals affirmed as modified, holding (1) the redactions at issue fit within the exemption permitting an agency to deny access to records compiled for law enforcement purposes where their disclosure would interfere with an investigation; and (2) the Appellate Division erred in denying Petitioner’s request for attorneys’ fees. View "Madeiros v. New York State Education Department" on Justia Law