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Buffalo Evening News v. City of Lackawanna, Supreme Court, Erie County, June 24, 1985 -- City deleted names of corporations or persons who made deposits with the town pursuant to escrow agreements concerning negotiations for acquisition of house to be used to establish an aluminum mill. The agreements indicated that proposed participants' identities wouldn't be disclosed devoid of members' consent.

Typical Motors Company v. Town of Massena, one hundred eighty Misc.2d 682, 693 NYS2d 870 (1999) – Petitioner challenged tax assessments and sought to obtain “descriptions of the comparables and any sales data including dates and terms of sale” inside of appraisals geared up by exterior consultant for City. Court upheld the denial and that the comparables will not represent “statistical or factual tabulations or knowledge” available below §87(two)(g)(i): “To arrange a housing appraisal the professional appraiser will have to always cull via public real estate transaction records from numerous sources to find properties which he / she, subjectively, deems equivalent adequate to the subject property to warrant analysis.

Video digicam Utilized in deputy's car or truck, and petitioner asked for tape of the celebration. Held that petitioner could not invade his have privateness Which declare by County that disclosure would interfere with judicial continuing could not be substantiated.

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Chaves v. NYCPD, Supreme Court, New York County, May well 29, 2009, Slip OP 31229 -- Ask for concerned information regarding investigation of 1983 homicide and armed theft for which the petitioner was convicted. Section contended that it couldn't Track down records following obtaining produced diligent search. Court uncovered that Division did not achieve this, for Regardless of its competition, documents were uncovered next the initiation on the go well with, some of which had been illegible, and purchased that it perform "a complete and right look for.

Also held that Except if organizations ask for safety in accordance with §89(five), There may be “no duty to inform company” of “intent to reveal”, Which BAR’s usually are not tax returns and, hence, will not be exempt under statutes within the Tax Legislation. Cited viewpoint in the Committee on Open up Federal government, which really should be upheld and provided deference by the court Otherwise “unreasonable or irrational.” Selected not to award attorney’s fees because agency’s denial didn't reveal undesirable faith and mirrored a reasonable foundation for denial, Though it couldn't meet stress of proof.

 sixty eight AD3d 1290, 891 NYS2d 495 (third Dept 2009) -- Petitioners' son was fatally hurt just after becoming strike by car involved in a law enforcement chase, plus they requested information collected by the City in the course of and once the incident. Held that continuing was timely commenced, for company failed to inform petitioners in their appropriate to charm an Preliminary denial of obtain. Since agency certain petitioners that it "was Doing work to supply a further response and informing them that a lot more files may possibly grow to be obtainable once the legislation enforcement investigation was concluded", petitioners "fairly concluded that respondent's before letters did not constitute remaining and binding determinations of their FOIL request." That becoming so, "the statute of limits did not start to operate when People letters had been sent.

Anonymous v. Board of Education and learning for Mexico Central Faculty District, 162 Misc.second 300, 616 NYS2d 867 (New York County 1994) - Instructor sought to enjoin District from disclosing any percentage of settlement settlement pursuant to which expenses of misconduct had been settled, citing decreased court conclusion in LaRocca, that has given that been modified. Court held that any confidentiality arrangement in conflict with FOIL can be void as versus general public policy, that there is no blanket exception from the FOIL with regards to personnel files, that the settlement is just not an "employment historical past", that the settlement "will not be info during which petitioner has any acceptable expectation of privateness in which the agreement contains the teacher's admission to much of the misconduct billed", that the settlement is "tantamount to some final agency willpower." See LaRocca, Geneva Printing, Buffalo Night Information.

. Ask for for attorney’s fees rejected according to acquiring that data weren't of Plainly substantial interest to the general public.

Steele v. NYS Office of Wellness, 119 Misc.2nd 963, 464 NYS2d 925 (1983) - Petitioner requested documents associated with drilling into areas adjacent to landfills, including copies of inspection logs, success of monitoring assessments, info figuring out monitoring equipment detection stages and Health Department notes were handwritten, other information consisted of drafts that had not yet been form-prepared; petitioner also questioned whether or not the agency knowledgeable him of every one of the records that existed that fell inside the spot of his ask for; court discovered that "to become sure that respondent has informed the petitioner of all records which might be in existence respondent shall post a list to petitioner of all documents in its possession relating to petitioner's desire", Which hand-prepared industry notes, drafts of checking stories and other memoranda go to this site have been readily click now available, that a memorandum from the workers attorney to counsel to your company was deniable on the ground that it fell in the scope of the attorney-shopper privilege and was organized for litigation; court granted attorney fees to petitioner.

In re Electrical power & Environmental Lawful Institute, et al. v. Attorney Typical on the Point out of latest York, 162 A.D.3d 458, 75 N.Y.S.3d 45, Appellate Division, Very first Division (June 7, 2018) - Appellate Division held that demo court had “properly uncovered that respondent's suitable to invoke the inter- or intra-company exemption to FOIL as to an e mail concept sent to respondent wasn't waived if the sender added a 3rd party towards the ‘cc’ industry of the email and instructed the 3rd party to print connected products and provide them to respondent, within the absence of any expectation the third party would review the material of Those people components or disclose them to Some others.”

As such, the Court finds the purpose in permitting an award of attorney's service fees and expenditures within a proceeding like this—to discourage unreasonable delays and denials of entry—is totally warranted.”

“These points aren't any various from just about every other unsolved homicide investigation, and, if ample to bar a FOIL ask for, would successfully make all homicide investigation files off limitations to FOIL requests. This is surely not the intent of Lesher, or possibly a basic reading on the statute.”

Wilson v. City of Islip, 179 AD2d 763, 578 NYS2d 642 (2nd check my reference Dept 1992) - Appellate Division affirmed reduced court final decision that company complied with request by manufacturing "summary internet pages" of prices for cellular phone use, for "petitioner under no circumstances requested any even more or more in-depth data with regard to the phone payments"; modified other element of request, stating that Homestead Software applications must not are withheld in their entirety, but only People parts that could cause unwarranted invasion of non-public property if disclosed.