F. Are there sanctions for noncompliance?

In cases where an agency does not proceed in good faith in withholding non-exempt records, a reviewing court may, in its discretion, award reasonable attorneys' fees and costs to a party which prevails in litigation against an agency. In order to be eligible for a recovery of fees, a party must satisfy three statutory requirements: (1) the party must have "substantially prevailed" against the agency in the FOIL litigation; (2) the record involved must be of clearly significant interest to the general public, and (3) the agency must have lacked a reasonable basis in law for not disclosing the record. Public Officers Law §  89(4)(c). As discussed below (see V.D.9., infra), fees have been awarded in only a handful of cases in New York State and have generally been limited to instances where an agency has flagrantly disregarded its disclosure obligations under FOIL. See Henry Schein, Inc. v. Eristoff, 35 A.D.3d 1124, 827 N.Y.S.2d 718 (3d Dep’t 2006) (decision to award counsel’s fees, even where statutory requisites are met, lies within the discretion of the court).