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COURT MAY NOT PROHIBIT DISCLOSURE ON A GROUND NOT RAISED IN OPPOSITION TO DISCLOSURE.

The Third Department, finding Supreme Court should have allowed disclosure of some of the requested documents, noted that a court cannot justify withholding documents on grounds not raised in opposition to disclosure:

A court is limited to considering only those exemptions to disclosure that are invoked by the party from whom disclosure is sought … . Accordingly, the court should not have relied on a justification for withholding documents … that was not raised by respondent. Matter of Rose v Albany County Dist. Attorney’s Off., 2016 NY Slip Op 05536, 3rd Dept 7-14-16

FREEDOM OF INFORMATION LAW (FOIL) (COURT MAY NOT PROHIBIT DISCLOSURE ON A GROUND NOT RAISED IN OPPOSITION TO DISCLOSURE)

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