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DATA TREE, LLC v. ROMAINE

9 N.Y.3d 454 (2007)

880 N.E.2d 10

849 N.Y.S.2d 489

In the Matter of DATA TREE, LLC, Appellant, v. EDWARD P. ROMAINE, as Suffolk County Clerk, Respondent.

Court of Appeals of the State of New York.

Decided December 18, 2007.

Attorney(s) appearing for the Case

DLA Piper US LLP, New York City (Andrew L. Deutsch of counsel), for appellant.

Christine Malafi, County Attorney, Hauppauge (Christopher A. Jeffreys of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

The issue presented on this appeal is whether the Suffolk County Clerk is required by the Freedom of Information Law (FOIL) to provide certain land records requested by Data Tree, LLC, a commercial provider of on-line public land records, and if so, whether the records must be provided in the electronic format specified by Data Tree. We hold that questions of fact exist as to whether compliance with such request would require...

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