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REFERENCES TO JUDGMENTS IN A LICENSE APPLICATION SHOULD NOT HAVE BEEN REDACTED IN THE DOCUMENTS PROVIDED BY THE COUNTY CONSUMER AFFAIRS OFFICE IN RESPONSE TO A FOIL REQUEST (SECOND DEPT).

The Second Department, reversing (modifying) Supreme Court, determined that the response of the Nassau County Office for Consumer Affairs to a request for documents relating to licenses held by Home Beyond Center, LLC should not have had the references to judgments redacted:

FOIL requires government agencies to “make available for public inspection and copying all records,” subject to a number of exemptions (Public Officers Law § 87[2]). One such exemption permits an agency to deny access to records that “if disclosed would constitute an unwarranted invasion of personal privacy” … . Public Officers Law § 89(2)(b) provides that “[a]n unwarranted invasion of personal privacy includes, but shall not be limited to” seven specified kinds of disclosure … . Where none of the seven specifications is applicable, a court “must decide whether any invasion of privacy . . . is unwarranted’ by balancing the privacy interests at stake against the public interest in disclosure of the information” … .

Here, the respondent failed to demonstrate that the redactions of information contained in the license application file of Home Beyond Center, LLC, relating to “judgments” should be exempt from disclosure as an “unwarranted invasion of personal privacy” … . Matter of Liang v Nassau County Off. of Consumer Affairs, 2019 NY Slip Op 07251, Second Dept 10-9-19

 

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