Matter of Newsday LLC v. New York State Educ. Dept.

Summary

The Appellate Division, Third Department held that answers to moral-character questions in physicians’ biennial license-registration renewal applications were confidential under Education Law § 6510(8) and therefore exempt from disclosure under FOIL. The court reversed the portion of the lower court’s judgment that granted the petition and dismissed the proceeding in its entirety. Because Newsday did not substantially prevail, the court upheld the denial of counsel fees and litigation costs.

Holdings

1. The Education Department satisfied its burden of demonstrating that the answers to the moral-character questions were specifically exempted from disclosure by Education Law § 6510 (8), and therefore the records could be withheld under Public Officers Law § 87 (2) (a).
2. Newsday was not entitled to counsel fees or litigation costs because, in light of the court's conclusion that the requested information was exempt from disclosure, Newsday did not substantially prevail.

Questions Presented

1. Whether the answers to physicians' moral-character questions on biennial license-registration renewal applications are specifically exempt from FOIL disclosure under Education Law § 6510 (8), as incorporated through Public Officers Law § 87 (2) (a).
2. Whether Newsday was entitled to counsel fees and litigation costs under Public Officers Law § 89 (4) (c) (ii).

Disposition

reversed_and_remanded