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Intra-Agency Exemption Applied to FOIL Request About AIG Prosecution

The Third Department determined the “intra-agency” exemption applied to documents requested from the Attorney General’s office concerning the prosecution of American International Group (AIG):

The intra-agency exemption applies to “opinions, ideas, or advice exchanged as part of the consultative or deliberative process of government decision making” (…see Public Officers Law § 87 [2] [g]…). The purpose of such exemption is “to protect the deliberative process of the government by ensuring that persons in an advisory role [will] be able to express their opinions freely to agency decision makers” … . Matter of Smith v New York State Off of the Attorney Gen, 2014 NY Slip Op 02488, 3rd Dept 4-10-14

 

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