Freedom of Information Law (FOIL)

Since its inception in 1979, New York's Freedom of Information Law (“FOIL”) has provided the public with a “right to know” by providing access to governmental records. These “sunshine laws” require a level of transparency that did not always exist. Although the statute has undergone a number of revisions since its inception, one thing has remained the same: the potential for litigation.

Guercio & Guercio, LLP is one of the few firms in New York State with a FOIL practice group. The firm represents individuals challenging improper FOIL denials and municipalities in defending challenges to their FOIL decisions. In addition to litigation, our firm also frequently provides lectures and training on FOIL to organizations, municipalities, and even to law firms. Chaired by Anthony J. Fasano, Esq., a frequent lecturer and litigator of FOIL, the firm has had numerous successful outcomes involving FOIL matters for its clients.

If you need representation or legal advice related to New York State's Freedom of Information Law, contact Guercio & Guercio, LLP today.

Recent Successful Decisions

Tzvi Waldman v. County of Rockland, Index No. 034476/2022 (Sup Ct, Rockland County Mar. 2. 2023) (granting a hearing to determine whether Respondent has responsive records after Respondent initially asserted it was not in possession of any records)

Erin O'Malley v. Town of Vestal Police Department, Index No. EFCA2022001630 (Sup Ct, Broome County Jan. 31, 2023) (granting this firm's petition under FOIL for body-camera footage and awarding costs and attorney's fees)

Niram, Inc. v. Blind Brook-Rye Union Free Sch. Dist., Index No. 21-56311 (Sup Ct, Westchester County Jan. 6, 2023) (denying a petition brought against this firm's client relating to an extension of time needed to respond to a FOIL request)

Guercio & Guercio, LLP v. Nassau Health Care Corp., Index No. 607686/2022 (Sup Ct, Nassau County Oct. 4, 2022) (granting this firm's petition challenging a denial of an employee's personnel file under FOIL and awarding attorney's fees and costs)