MTR OF ABDUR-RASHID v. NYCPD

No. 19.

31 N.Y.3d 217 (2018)

100 N.E.3d 799

76 N.Y.S.3d 460

2018 NY Slip Op 02206

In the Matter of TALIB W. ABDUR-RASHID, Appellant, v. NEW YORK CITY POLICE DEPARTMENT et al., Respondents. In the Matter of SAMIR HASHMI, Appellant, v. NEW YORK CITY POLICE DEPARTMENT et al., Respondents.

Court of Appeals of New York.

Decided March 29, 2018.


Attorney(s) appearing for the Case

Law Firm of Omar T Mohammedi, LLC, New York City ( Omar T Mohammedi and Elizabeth K Kimundi of counsel), for appellants.

Zachary W. Carter , Corporation Counsel, New York City ( Devin Slack , John Moore and Richard Dearing of counsel), for respondents.

Davis Wright Tremaine LLP, Washington, D.C. ( Alison Schary of counsel), and New York City ( John M. Browning of counsel), and Reporters Committee for Freedom of the Press, Washington, D.C. ( Bruce D. Brown , Katie Townsend and Adam A. Marshall of counsel), for Reporters Committee for Freedom of the Press and others, amici curiae.

New York Civil Liberties Union Foundation, New York City ( Mariko Hirose , Robert Hodgson and Christopher Dunn of counsel), for New York Civil Liberties Union, amicus curiae.

Scott D. McNamara , District Attorneys Association of the State of New York ( Tammy J. Smiley , Andrea M. DiGregorio and Monica M.C. Leiter of counsel), for District Attorneys Association of the State of New York, amicus curiae.

Kelley Drye & Warren LLP, New York City ( Michael Yim of counsel), for New York City Council's Black, Latino and Asian Caucus, amicus curiae.


OPINION OF THE COURT

The issue presented is whether an agency may decline to acknowledge that requested records exist in response to a Freedom of Information Law request (Public Officers Law § 84 et seq. [FOIL]) when necessary to safeguard statutorily exempted information. Under these circumstances, we...

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