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MATTER OF ABDUR-RASHID v. NEW YORK CITY POLICE DEPT.

101559/13, 631, 630.

140 A.D.3d 419 (2016)

37 N.Y.S.3d 64

2016 NY Slip Op 04318

In the Matter of TALIB W. ABDUR-RASHID, Appellant, v. NEW YORK CITY POLICE DEPARTMENT et al., Respondents. In the Matter of SAMIR HASHMI, Respondent, v. NEW YORK CITY POLICE DEPARTMENT et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 2, 2016.

FOIL does not prohibit respondents from giving a Glomar response to a FOIL request — that is, a response "refus[ing] to confirm or deny the existence of records" where, as here, respondents have shown that such confirmation or denial would cause harm cognizable under a FOIL exception (Wilner v National Sec. Agency, 592 F.3d 60, 68 [2d Cir 2009], cert denied 562 U.S. 828 [2010] [interpreting the Freedom of Information...

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