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SCHENECTADY COUNTY v. MILLS

No. 163

18 N.Y.3d 42 (2011)

2011 NY Slip Op 7476

In the Matter of SCHENECTADY COUNTY SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, INC., Respondent, v. RICHARD P. MILLS, as Commissioner of Education of the State of New York, Appellant.

Court of Appeals of New York.

Decided October 25, 2011.

Attorney(s) appearing for the Case

Eric T. Schneiderman , Attorney General, Albany ( Frank K. Walsh , Barbara D. Underwood and Andrew D. Bing of counsel), for appellant.

Tully Rinckey, PLLC, Albany ( Mathew B. Tully , Greg T. Rinckey , Steven L. Herrick , Constantine F. DeStefano , Scott T. Dillon , Andrew L. McNamara and Michael W. Macomber of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, PIGOTT and JONES concur.

OPINION OF THE COURT

SMITH, J.

We hold that an agency responding to a demand under the Freedom of Information Law (FOIL) may not withhold a record solely because some of the information in that record may be exempt from disclosure. Where it can do so without unreasonable difficulty, the agency must redact the record to take out the exempt information.

Petitioner sent an e-mail to the Education Department...

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