Public Officers Law 87(2)(B) Interpretation

In the Matter of New York Times Co. v. City of New York Fire Dept., 4 NY3d 477, 485, 829 N.E.2d 266, 796 N.Y.S.2d 302 [2005] case, the Court of Appeals held that surviving relatives have an interest protected by FOIL in keeping private the affairs of the dead and that, pursuant to Public Officers Law 87(2)(b), the Fire Department was not required to release tapes and transcripts of the 911 calls made on September 11, 2001 without redacting certain identifying information of the callers that was repeated by the 911 operators. In Matter of Scarola v. Morgenthau (246 AD2d 417, 668 N.Y.S.2d 174 [1st Dept 1998]), the First Department held that statements made by individuals alleged by petitioner to be "known informants" were exempt from disclosure under Public Officers Law 87 (2)(b) since disclosure of such documents would, inter alia, be an unwarranted invasion of their personal privacy.