You are here: / / Legal Opinions, Software, and a Manual for the Software Properly Withh...

Legal Opinions, Software, and a Manual for the Software Properly Withheld

The First Department determined the respondent NYS Division of Human Rights properly withheld certain materials requested pursuant to the Freedom of Information Law (FOIL).  Legal opinions were exempt as “intra-agency materials” and were also exempt because the person who was the subject of the documents did not consent to the release.  In addition, software which was requested was not “information” within the meaning of FOIL:

Respondent properly withheld the four legal opinions requested by petitioner pursuant to the “intra-agency materials” exemption (see Public Officers Law § 89[2][g]), since they are essentially “predecisional memoranda, prepared to assist the agency in its decision-making process and . . . are not final agency determinations or policy” … . Contrary to petitioner’s argument, the opinions do not fall under the exceptions to this exemption for “statistical or factual tabulations or data” (Public Officers Law § 89[2][g][i]) or “instructions to staff that affect the public” (Public Officers Law § 89[2][g][ii]…).

Moreover, three of the four opinions are “specifically exempted from disclosure by state . . . statute” (Public Officers Law § 87[2][a]…) pursuant to Executive Law § 297(8), which prohibits respondent from making public information contained in reports obtained by it with respect to a particular person without his or her consent. …

Respondent properly denied the request for its “Case Management System Legal Resources Notebook,” which does not constitute a record within the meaning of FOIL, since it is not “information” (Public Officers Law § 86[4]) but rather a software application providing the means of accessing information in its electronic file system. It also properly withheld the user’s manual for that application, since its disclosure “would jeopardize [respondent’s] capacity . . . to guarantee the security of its . . . electronic information systems” (Public Officers Law § 87[2][i]).  Matter of Miller v New York State Div of Human Rights, 2014 NY Slip Op 07742, 1st Dept 11-13-14

 

You might also like
MOTION IN LIMINE CANNOT BE USED TO DETERMINE AN ISSUE OF MATERIAL FACT, THE MOTION WAS ACTUALLY AN UNTIMELY MOTION FOR SUMMARY JUDGMENT AND SHOULD NOT HAVE BEEN GRANTED (FIRST DEPT).
Church’s Decision to Terminate Minister Constitutionally Protected Under “Ministerial Exception”
USING A NEW YORK VIRTUAL LAW OFFICE PROGRAM (VLOP) ONLY AS A MAILING ADDRESS AND AS AN AGENT TO ACCEPT SERVICE DOES NOT SATISFY THE REQUIREMENT THAT AN ATTORNEY PRACTICING IN NEW YORK HAVE A PHYSICAL OFFICE IN NEW YORK, HOWEVER THE ACTION BROUGHT BY THE VLOP ATTORNEY IS NOT A NULLITY AND SHOULD NOT HAVE BEEN DISMISSED (FIRST DEPT).
TERMINATION OF TEACHER BASED ON HER SUBMISSION OF INACCURATE TIME SHEETS, UNDER THE CIRCUMSTANCES, SHOCKS THE CONSCIENCE.
INSURER NOT LIABLE FOR POLLUTION DAMAGE DURING PERIODS WHEN POLLUTION INSURANCE WAS PROHIBITED BY LAW.
DEFENDANT IN THIS MED MAL CASE WAS NOT PROPERLY SERVED AND PLAINTIFF WAS NOT ENTITLED TO AN EXTENSION OF THE TIME TO SERVE IN THE INTEREST OF JUSTICE (FIRST DEPT).
PLAINTIFF COMMENCED A MALPRACTICE ACTION AGAINST DEFENDANT ATTORNEYS; THE ATTORNEYS COMMENCED AN ARBITRATION PROCEEDING AGAINST PLAINTIFF, BASED ON THE RETAINER AGREEMENT, FOR UNPAID ATTORNEY’S FEES; BOTH THE ARBITRABLE FEE DISPUTE AND THE NONARBITRABLE MALPRACTICE ACTION ARE SUBJECT TO ARBITRATION WHILE THE MALPRACTICE ACTION IS STAYED (FIRST DEPT).
THE TRIAL JUDGE SHOULD HAVE GIVEN THE ADVERSE INFERENCE CHARGE WHICH HAD BEEN ORDERED AS A DISCOVERY SANCTION RE: A MISSING SURVEILLANCE TAPE; JURY VERDICT SET ASIDE (FIRST DEPT). ​

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Retroactive Suspension of Child Support Payments Based On Interference With... Transmission Line from Hydroelectric Power Facility in Canada to Queens Properly...