Abdur-Rashid v. N.Y.C. Police Dep't

STEIN, J. (dissenting).

Whether, and to what extent, law enforcement agencies should be permitted, under the Freedom of Information Law (Public Officers Law art 6 [FOIL] ), to issue "Glomar" responses (see Phillippi v. Central Intelligence Agency, 546 F.2d 1009, 1012 [D.C. Cir.1976] ) that refuse to confirm or deny the existence of requested records is a thorny question with strong competing public policy concerns on each side of the debate. However, this Court must look to New York's FOIL statute, as it is written and has been interpreted by our prior case law, to answer the question of…