Brozzo v. Dep't of Educ., No. 14-1584, 2016 WL 4734650 (N.D.N.Y. Sept. 9, 2016) (Kahn, J.)

Brozzo v. Dep't of Educ., No. 14-1584, 2016 WL 4734650 (N.D.N.Y. Sept. 9, 2016) (Kahn, J.)

Re: Request for records concerning plaintiff's student loans

Disposition: Denying defendant's motion for summary judgment

• Procedural Requirements, "Agency Records": "[T]he Court finds that Defendant is not entitled to summary judgment." The court finds that "[d]efendant has not met its burden of showing that the requested records are not agency records." The court explains that plaintiff "cites 34 C.F.R. § 682.414, which states that guaranty agencies and lenders must retain various loan documentation . . . and lenders must allow 'the Secretary or the Secretary's designee . . . access to the lender's records for inspection and copying in order to verify the accuracy of the information provided by the lender[.]'" The court finds "that this regulation appears to signal a degree of control over lender records." Additionally, while defendant discusses the generation and possession of the records at issue, the court finds "that Defendant's generation or possession of those documents does not alone determine whether the records are agency records."