+1 212 318 2000
Europe, Middle East, & Africa
+44 20 7330 7500
+65 6212 1000
Rebecca L. Tsai | Bloomberg Law Matter of Schenectady County Society for the Prevention of Cruelty of Animals, Inc. v. Mills, No. 163, 2011 NY Slip Op 07476, 2011 BL 273122 (N.Y. Oct. 25, 2011) Petitioner, the Schenectady County Society for the Prevention of Cruelty to Animals, Inc., sought the names and addresses of veterinarians who were licensed by the state's Department of Education. When the Department indicated that it would not provide street addresses, petitioner inquired about obtaining business addresses instead. The Department responded that it did not have business addresses for all the licensees. Petitioner then filed a Freedom of Information Law (FOIL) request seeking the same information, but, once again, the Department refused to provide street addresses, stating that it was "unable to distinguish a licensee's business address from a residential address" due to the way its files were maintained. Petitioner subsequently commenced the instant proceeding, seeking only a photocopy of the list maintained by the Department. The Supreme Court dismissed the petition, but the Appellate Division reversed. The Department then appealed as of right to the New York Court of Appeals under CPLR 601(a). While recognizing that "FOIL generally does not require an agency to create a new record," the Court stated that the Department should have simply redacted its existing list of addresses. In the Court's view, it was "obvious . . . that, if the Department does not want to supply home addresses, it should simply delete them from the list." Given that there were only 72 licensed veterinarians in the county, the Court commented that sorting through the list to delete any personal addresses "should not be a burdensome task." Affirming the Appellate Division's decision, the Court expressed that it was "at a loss to understand why this case has been litigated" and cautioned that the Department should "generally comply with their FOIL obligations in a more efficient way." DisclaimerThis document and any discussions set forth herein are for informational purposes only, and should not be construed as legal advice, which has to be addressed to particular facts and circumstances involved in any given situation. Review or use of the document and any discussions does not create an attorney-client relationship with the author or publisher. To the extent that this document may contain suggested provisions, they will require modification to suit a particular transaction, jurisdiction or situation. Please consult with an attorney with the appropriate level of experience if you have any questions. Any tax information contained in the document or discussions is not intended to be used, and cannot be used, for purposes of avoiding penalties imposed under the United States Internal Revenue Code. Any opinions expressed are those of the author. The Bureau of National Affairs, Inc. and its affiliated entities do not take responsibility for the content in this document or discussions and do not make any representation or warranty as to their completeness or accuracy.©2014 The Bureau of National Affairs, Inc. All rights reserved. Bloomberg Law Reports ® is a registered trademark and service mark of The Bureau of National Affairs, Inc.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).