March 9, 1995



Mr. Alfred Engel
Civil Service Merit Council
220 East 23rd St., Suite 707
New York, NY 10010

The staff of the Committee on Open Government is authorized to issue advisory opinions. The ensuing staff advisory opinion is based solely upon the information presented in your correspondence.

Dear Mr. Engel:

I have received your letter of February 6. You have asked whether "state, local governments or state authorities may deny disclosure of employee street addresses."

In this regard, §89(7) of the Freedom of Information Law states in relevant part that: "Nothing in this article [the Freedom of Information Law] shall require the disclosure of the home address of an officer or employee, former officer or employee, or of a retiree of a public employees' retirement system..." While agencies may withhold the home addresses of public officer and employees, they may, however, choose to disclose, for nothing in the Freedom of Information Law would prohibit disclosure [see Buffalo Teachers Federation v. Buffalo Board of Education, 156 AD 2d 1027; also Capital Newspapers v. Burns, 67 NY 2d 562, 567 (1986)].

I hope that I have been of some assistance.



Robert J. Freeman
Executive Director