Opinion
2012-03-16
In the Matter of Martin J. SAWMA, Petitioner–Appellant, v. Chris COLLINS, County Executive, County of Erie, Respondent–Respondent.
Law Office of Michael Kuzma, Buffalo (Michael Kuzma of Counsel), for petitioner-appellant. Lippes Mathias Wexler Friedman LLP, Buffalo (Vincent M. Miranda of Counsel), for respondent-respondent.
Law Office of Michael Kuzma, Buffalo (Michael Kuzma of Counsel), for petitioner-appellant. Lippes Mathias Wexler Friedman LLP, Buffalo (Vincent M. Miranda of Counsel), for respondent-respondent.
MEMORANDUM:
Petitioner appeals from a judgment dismissing his CPLR article 78 petition that sought disclosure of certain records of respondent pursuant to the Freedom of Information Law ( [FOIL] Public Officers Law art 6). We agree with Supreme Court that the documents sought are exempt from disclosure pursuant to Public Officers Law § 87(2)(g) inasmuch as they are inter-agency or intra-agency materials that are not statistical or factual tabulations or data, instructions to staff that affect the public, or final agency policy or determinations. Respondent met his burden of establishing that the documents were part of a government decision-making process that involved the use of consultation, and such predecisional material that an agency decision-maker uses to arrive at a decision is exempt from FOIL disclosure ( see Matter of Xerox Corp. v. Town of Webster, 65 N.Y.2d 131, 490 N.Y.S.2d 488, 480 N.E.2d 74; Matter of Bass Pro, Inc. v. Megna, 69 A.D.3d 1040, 892 N.Y.S.2d 642). In light of our determination, we need not address the remaining exemptions under FOIL upon which respondent relies.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed without costs.