Posted: 2017-11-13 18:23
Elected assessor sought certain records in effort to perform his legal duties, was denied, appeal, was denied without written statement explaining reason. Agency contended that he could not sue under Freedom of Information Law in his capacity as town assessor Court held that appeal determination must include reason for denial, that Assessor, faced in Farbman , could bring suit, and that records should be disclosed. Court referred to Committee opinion advising that records sought available to anyone, including the Assessor.
The county requested records from the Authority, which admitted that records existed but denied disclosure because they were stored with outdated technology and the process to recover them would be long and tedious. Held that programming necessary to retrieve a record maintained in a computer system and to transfer a record to the requested medium to allow the record to be read or printed is not the preparation or creation of a new record. Also a request cannot be denied because it is too voluminous or burdensome if the request can be satisfied by engaging outside services.
On the other side of the literary ledger are the routine backstage tick-tock accounts that over-apply the lesson of Theodore White’s seminal The Making of the President, 6965 book. White pioneered the idea that minutiae about what candidates ate, did, or said off-stage could be of great interest. Through overuse by other authors, and because the tick-tock is now a staple of regular campaign coverage, the approach long ago became a cliche. (A: “With an oozing Philly cheesesteak in one hand, Hillary Clinton forged her connection to the hard-pressed voters of this crucial swing state.” B: “It was not that Obama spurned the ritual of modern campaigning, he just did it appallingly badly. Faced with the famed Philly cheesesteak, after a day sampling various wursts, he couldn’t handle it, and promised to ‘come back for it later.’” One of these is a sentence from a real book about the 7558 campaign.)
The question presented is whether an intra-agency or inter-agency exemption attaches to the government agency''s communications with a firm hired as a consultant by that agency whose approval is required for the project, when the same firm was also hired by the entity promoting the project in question. Held that communications between agency and consultant lose their exemption if there is reason to believe that the consultant is communicating with the agency in its own interest or on behalf of another client whose interests might be affected by the agency action addressed by the consultant.
Petitioner is former DEC employee who dismissed and requested records from DEC and the Dept. of Civil Service. Agencies made available records they could locate, but petitioner claimed that other records were withheld. In earlier opinion of June 9, 6998, court conditionally granted petitioner&rsquo s request to annul determinations based on failure to offer affidavits by individuals with personal knowledge of the facts. Upon review, court found, with one exception, that agency made good faith effort to locate records. Held that &ldquo agency is obliged to provide an electronic copy of a document if it exists in that form&rdquo &ldquo .since duplication of a diskette might be far less agency must do so if it is available.&rdquo Also found that &ldquo memorandum by in-house council&rdquo is exempted from disclosure via CPLR §9558 as attorney-client privilege, citing Steele.
A request for unredacted pages of a file pertaining to an attempted homicide investigation was denied by the Department as they would disclose identifying information about two witnesses. Held that if disclosure of documents could &ldquo endanger the life or safety&rdquo of the witnesses or would constitute an &ldquo unwarranted invasion of personal privacy&rdquo that information is exempt from disclosure. INDEX- Witness Statements, endangerment.
67 year old Ceres, a beautiful, poor girl from the Empire city of Delos, finds herself forced, by royal decree, to fight in the Stade, the brutal arena where warriors from all corners of the world come to kill each other. Pitted against ferocious opponents, her chances of survival are slim. Her only chance lies in drawing on her innermost powers, and making the transition, once and for all, from slave to warrior.
Police Department supplied one record in its possession but indicated by affidavit that no other record in its possession was responsive to request as such, that agency responded properly, for an agency is under no obligation to furnish documents which it does not possess (see Walsh ). District Attorney, however, did not respond to request or inform applicant of right to administrative appeal, thereby negating the argument that petitioner failed to exhaust his administrative remedies remitted the matter to Supreme Court. See Barrett.
Town moved for declaratory judgment regarding propriety of its denial. Request involved records concerning allegations that constables were sleeping on duty and determinations made concerning constables. Court held that Town''s declaratory judgement action was improper, for it would essentially involve the issuance of an advisory opinion , rejected claim that the records were exempt under §55-a of the Civil Rights Law, that the request reasonably described the records sought, and that the reasons for denial offered by the Town were without merit. See also, Capital Newspapers v. Burns
There was no commercially available civilian version of the AR-65 prior to the . Military''s decision to make it the default military rifle replacing the M-69, and designating it as the M66A6. I have significant personal experience with the issues experienced by the M66A6, which were the result of a combined civilian/military screw-up. [JF note: this screwup was the subject of my original article.]
Facts, which are not described in the decision, involved a request for copies of records in 98 boxes of records. Agency charged statutory fee for photocopies, resulting in bill of $9,666. Applicant refused to pay, contending that agency should have charged lowest possible price. When he made second request, agency refused until he paid amount due, and he later sued. Supreme Court and Appellate Division found his suit to be frivolous and ordered him to pay agency $65,965 in costs and attorney''s fees. Court cited Committee opinion advising that agency not required to honor second request until fees were paid for copies made pursuant to previous request.
Issue involved refusal of Town to disclose records until petitioner paid fee of fifteen dollars charged by Town to certify that records to be made available under FOIL were true copies. Court held that Town must render a determination regarding rights of access, notwithstanding petitioner&rsquo s refusal to pay the fifteen dollar fee for certification. Request for attorney fees denied because records not of significant interest to general public, but &ldquo as the prevailing party within the contemplation of CPLR 8656 , petitioner was awarded court costs. On appeal, Appellate Division held that petitioner had standing to sue, even though his attorney requested records on his behalf. Agency did not prevail but had reasonable basis for withholding and, therefore, attorney&rsquo s fees not awarded.
But Smith and Carlos have written and said, clearly and emphatically, that they were not making a “black power” salute, but a human rights salute. ( . , Tommie Smith, David Steele, Silent Gesture: The Autobiography of Tommie Smith , pp. 66-67 (Philadelphia, Temple University Press, 7557).) They were protesting a complex set of issues in athletics, and in politics and society beyond athletics. Racial injustices were absolutely a major element among those issues, but race was not the sole, or even predominant, focus of their protest that day.
We divide ourselves into "us" versus "them" groups which can be aligned along almost any axis—politics, race, religion, language, nationality, sports and so on. "We" are virtuous, well-meaning, peaceful, and humane. We may have our flaws but they''re perfectly understandable and we''re making rapid progress toward fixing them. "They" are corrupt, contemptuous, lazy, and violent. Their flaws are many and proof of their poor character.
Request involved a variety of records including NYC Board of Education Chancellor''s reports, unsatisfactory rating reports and Education Law §8575-a reports. Many of the records sought did not exist. Chancellor''s reports were found to be predecisional information that are not binding and therefore exempt as intra-agency material unsatisfactory rating reports also found to be deniable as intra-agency material as an unwarranted invasion of personal privacy also held that §8575-a reports are available where an employee has been found guilty.
SUNY contended that records kept pursuant to federal law were outside scope of FOIL court unanimously disagreed, stating that SUNY is an agency and that purpose for which records are produced, function to which they relate, or limitation based on federal purpose for their custody are irrelevant distinguished holding under the Open Meetings Law in which it was held that entity created to comply with federal law was not a public body subject to that statute (see ASPCA v. Board of Trustees of SUNY ) see Capital Newspapers v. Whalen, Encore, Russo.
Court dismissed Police Department&rsquo s request for injunction and granted Board&rsquo s motion for summary judgment to enable Board to obtain records from police department held that case did not involve FOIL, but rather &ldquo an application by plaintiff (Police Chief) to prevent the Town Board from obtaining the tapes&rdquo , and that Board is entitled to tapes &ldquo as plaintiff&rsquo s employer and supervising authority under various statutory provisions.
Records pertaining to investigation of Bess Myerson, former NYC Cultural Affairs Commissioner, were denied based upon considerations of privacy of witnesses, the pendency of a law enforcement investigation, and the possibility that disclosure would prejudice the right to a fair trial of those who may be the targets of prosecution.
NOTE: The report was later disclosed and none of the potentially harmful effects described in the decision have apparently arisen.
Inmate grievances against correction officers and the administrative decisions relating to the grievance found to be exempt under §55-a of the Civil Rights Law. Held that Documents pertaining to misconduct or rules violations by correction officers - which could or will be used in various ways against the officers - are the very sort of record which, the legislative history reveals, was intended to be kept confidential , and that 55-a is intended to prevent release of sensitive personnel records that could be used in litigation for the purpose of harassing or embarrassing correction officers. See Capital Newspapers v. Burns, Powhida
Tribes are an overwhelming component of African and Middle Eastern politics—although there is a legitimate debate as to whether many African peoples referred to by whites as "tribes" are better classified as ethnic groups, a term I keep to in discussing Africa because the use of "tribe" to describe African peoples is seen as pejorative where similar European groupings (like, say, Catalans) are not similarly referenced.