In a unanimous decision, the New York Court of Appeals in Russell v. Town of Mount Pleasant reversed the decision of the Appellate Division, Second Department which held the Town of Mount Pleasant (Town) was required to disclose the names and e-mail addresses of persons who signed up for the Town’s E-News Alerts, in response to a Freedom of Information Law (“FOIL”) request. In a February 19, 2026 decision, the Court of Appeals held the disclosure of the E-News Alert subscriber list would constitute an unwarranted invasion of personal privacy and was therefore exempt from disclosure under Public Officer’s Law § 89 [2][b] – a decision that will have statewide impact.

Adopting Harris Beach Murtha’s arguments, the Court of Appeals balanced the strong privacy interest in keeping subscribers’ information private against the public interest to be served by disclosure of the list, finding there is no public interest served by disclosure. The decision was guided by state and federal law enforcement directives relating to spoofing and phishing scams, as well as the Federal Court’s treatment of email address requests under the Freedom of Information Act (“FOIA”). Ultimately, the Court of Appeals found that unwarranted disclosure would undermine the purpose of FOIL, which is to make the workings of government transparent and accessible to the public. This decision will have statewide impact and was lauded by the NYS Association of Towns as a victory for municipalities and residents throughout the state.

The decision was covered in news articles by the Mount Pleasant Daily Voice, New York Daily Record and News 12 of the Hudson Valley. (Subscriptions may be required.) The Town of Mount Pleasant also issued a press release on the matter.

Harris Beach Murtha attorneys Darius Chafizadeh, Lisa LeCours and Brian Ginsberg drafted the Town’s briefs and Darius Chafizadeh argued the matter before the Court of Appeals.

Darius has served as the Town Attorney for the Town of Mount Pleasant since 2014.