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Town attorney urges prompt production in FOIL appeal 303; legal staff says privileged records withheld
Summary
Legal staff told the Greenburgh Town Board that privileged records were withheld in FOIL appeal 303 and asked that the remaining non-privileged documents be produced this week to meet FOIL timelines; staff warned the appellant may pursue court review if production is delayed.
Legal counsel and the board discussed FOIL appeal 303 and the status of document production. The town’s legal representative said privileged materials had been removed from the production and that non-privileged records had been sent to the requester; staff recommended sending the remaining responsive documents this week.
The town’s legal representative said the records were past the statutory timing and urged prioritization: “They absolutely should be sent this week,” the attorney said, noting the production was due the prior week under FOIL timelines. The board asked staff to coordinate with IT and the supervisor to produce the remaining materials and to notify the appellant of the production plan.
Legal staff noted the appellant could file an Article 78 proceeding if the remaining records are not produced, and recommended that the town show a good-faith effort to complete production promptly to avoid further litigation. Board members agreed to make production a priority and to follow up with the appellant when the documents are sent.
No formal vote was recorded on this item; the board directed staff and legal to proceed with prioritized production and to report back.
