Opinion
2006
October 24, 2002.
Order and judgment (one paper), Supreme Court, New York County (Paula Omansky, J.), entered October 22, 2001, which denied petitioner's Freedom of Information Law application to compel respondent Insurance Department's disclosure of redacted material contained in a memorandum from one of its staff attorneys to two of its other employees, and dismissed the petition, unanimously affirmed, without costs.
JILL MANDELL, for petitioner-appellant.
THOMAS B. LITSKY, for respondents-respondents.
Before: Andrias, J.P., Ellerin, Rubin, Friedman, Gonzalez, JJ.
After in camera review of the subject memorandum in unredacted form, we find that the redacted portions thereof are exempt from FOIL disclosure as both an attorney/client privileged communication (Public Officers Law § 87[a]; CPLR 4503[a]; see Sectrum Sys. Intl. Corp. v. Chemical Bank, 78 N.Y.2d 371, 377-379) and an intra-agency communication that does not constitute a final agency policy or determination and is a nonfactual part of the deliberative process and otherwise advisory in nature (Public Officers Law § 87[g]; see Matter of Miracle Mile Assocs. v. Yudelson, 68 A.D.2d 176, 182-183, lv denied 48 N.Y.2d 706).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.