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Documents Explaining Reason for Mail-Watch Order Re: Inmate Exempt from Disclosure Pursuant to Public Officers Law

The Third Department determined the petitioner-inmate was not entitled to documents explaining why a mail-watch order was issued by the Department of Corrections mandating that the petitioner's mail be monitored for two months.  The requested documents were exempt from disclosure as “communications exchanged for discussion purposes not constituting final policy decisions:”

…[T]he withheld document constitutes inter- or intra-agency deliberative material, “i.e., communications exchanged for discussion purposes not constituting final policy decisions” (…see Public Officers Law § 87 [2] [g]…). The withheld document is a mail watch request and consists of “predecisional evaluations, recommendations and conclusions,” and is accordingly exempt from disclosure pursuant to Public Officers Law § 87 (2) (g) … . Matter of Ward v Gonzalez, 2014 NY Slip OP 08931, 3rd Dept 12-24-14

 

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