In the Matter of Data Tree, LLC, Appellant v. Edward P. Romaine, as Suffolk County Clerk, Respondent

Summary

The Court held that the Suffolk County Clerk bears the burden of proving that the privacy exemption to the Freedom of Information Law applies and must provide a specific justification, rejecting the Appellate Division's "plausible" standard. It also held that the Clerk is not required to create new records to satisfy a FOIL request, but factual issues remain regarding privacy exemptions and the ability to provide records in the requested electronic format, and therefore reversed and remanded for further determination.