Opinion
July 14, 1995
Appeal from the Supreme Court, Oneida County, Tenney, J.
Present — Denman, P.J., Green, Pine, Callahan and Davis, JJ.
Judgment unanimously reversed on the law without costs and petition granted. Memorandum: Supreme Court erred in denying the petition seeking to compel respondent to comply with petitioner's request for information pursuant to the Freedom of Information Law (Public Officers Law art 6). An agency must provide a "particularized and specific justification for denying access" ( Matter of Capital Newspapers v. Burns, 67 N.Y.2d 562, 566; see, Matter of Konigsberg v. Coughlin, 68 N.Y.2d 245, 251; Brown v. Town of Amherst, 195 A.D.2d 979, 979-980) and is required to support its claim of exemption from disclosure by setting forth a "factual basis" demonstrating that a statutory exemption applies ( Matter of Buffalo News v. Buffalo Mun. Hous. Auth., 163 A.D.2d 830, 831; see, Matter of Gannett Co. v. County of Monroe, 59 A.D.2d 309, 312, affd 45 N.Y.2d 954). Respondent failed to provide a factual basis for an exemption and thus, petitioner is entitled to the records sought.