New York State Court Denies Glomar Application on FOIL Case

The Court in this case denied the New York City Police Department’s (“NYPD”) motion to dismiss. It argued that the NYPD could not evade its obligation under the Freedom of Information Law (“FOIL”) by invoking the federal “Glomar Doctrine” exception.

The Court in this case declined to adopt the Glomar doctrine and stated that the decision to adopt the Glomar doctrine is one better left to the State Legislature.

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NY Law Journal: Judge Declines Police Motion to Dismiss FOIL Request
For a copy of the Court Order please click: Hashmi v. New York City Police Dep’t, 46 Misc. 3d 712, 714, 998 N.Y.S.2d 596, 598 (Sup. Ct. 2014)

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