During the presentation, all participants will be in a listen-only mode. Afterwards, we will conduct a question-and-answer session. As a reminder, this conference call is being webcast and recorded Thursday of July 22, Nene Foxhall Thank you John.
County of Suffolk — A. February 17, The petitioner bus company submitted a proposal in response to respondents request for proposals for transportation services but was not successful.
Albany Custom Floors, Inc. Strojnowski, AD2dNYS2d 2nd Dept ; appeal denied 70 NY2dNYS2d -- Held that physical evidence, such as tools, clothing, does not constitute a "record"; affirmed denial of names and addresses and statements of confidential witness and certain investigative techniques used for processing a homicide scene; Court cited opinion of Committee; has been appeals to Court of Appeals.
American Broadcasting Companies, Inc.
NYS Department of Agriculture and Marketspdf Supreme Court, Albany County, May 10, -- Overturned agency's denial of a request for names and addresses of mink and fox farmers; Court agreed with opinion of COG advising that provisions concerning privacy can be asserted only with respect to personal information relating to natural persons and held that "the names and business addresses of individuals or entities engaged in animal farming for profit do not constitute information of a private nature, and this conclusion is not changed by the fact that a person's business address may also be the address of his or her residence.
Board of Trustees of State University of New York AD2dNYS2d 2nd Dept -- In related decision regarding Open Meetings Law, Appellate Division found that entity's powers and functions were derived from federal law and that, therefore, it was not subject to that statute; using same reasoning, it was held that the entity is not subject to Freedom of Information Law.
Court held that any confidentiality agreement in conflict with FOIL would be void as against public policy, that there is no blanket exception in the FOIL regarding personnel files, that the settlement is not an "employment history", that the agreement "is not information in which petitioner has any reasonable expectation of privacy where the agreement contains the teacher's admission to much of the misconduct charged", that the agreement is "tantamount to a final agency determination.
Also, agency failed to justify denial of request for tester's log book information. Town of Oyster Bay, 12 Misc. Arrow Electronics v Long Island Power Authority, Supreme Court, New York County, February 28, — Substantial competitive injury would likely flow to agency if agency were required to disclose negotiated terms, pricing details, boundary rights, pricing and costs, where agency negotiates in the electric power spot and futures market, is engaged in actual competition in the wholesale and retail electric markets, and has demonstrated that such information is otherwise unavailable.
Substantial competitive injury would likely flow to submitting commercial entity if agency were to disclose cost confidential proprietary and pricing information, and project term sheet, which would unfairly benefit competitors, giving them an unfair competitive edge in the market place. Such a request is exempt because it reveals sources and methods that, if revealed, could create a risk to the safety to officers and their sources.
Also, since the vast majority of records do not include racial, religious, or ethnic classifications and there is no set of search terms that would encompass the universe of responsive documents, the requests fail to reasonably describe records of the agency, and the terms are insufficient for the purposes of locating and identifying the documents sought.
Aurelius Capital Management v. Citing Encore and distinguishing Markowitz, court upheld Department denial, finding that Department was the only source of the information, that MBIA would be damaged by disclosure and that, unlike Markowitz, the likelihood of damage was not merely theoretical, but rather was real.
Purcell, AD2dNYS2d 64 2nd Dept -- Consultants' reports, and in this instance, an opinion of outside counsel, "treated as intra-agency material, even though prepared by an extragovernmental entity".
Brown, Supreme Court, Queens County, January 2, — Documents and photographs provided must be legible and clear copies. Photographs are not required to be reprints nor are they required to be enhanced.
Where the documents provided were not legible or clear they must be reprinted without expense to petitioner. Morgenthau, 74 NY2dNYS2d -- Petitioner directed request to district attorney and was denied in a letter signed by the records access officer. Petitioner brought suit and court held that: Court cited Committee's regulations.
Fairport Central School Districtpdf Supreme Court, Monroe County, November 1, -- Union president attempted to block disclosure pursuant to FOIL following request for emails stored on school district computer relating to union activities.
Department disclosed hundreds of records only after lawsuit was initiated and with prodding from the court. New York City Police Department, AD2dNYS2d 5 1st Dept -- Conclusory statement that agency could not locate records without indication that person so stating was involved in the search was inadequate, as was failure on the part of agency to indicate contents of records withheld; lower court in those circumstances should have conducted in camera inspection to determine propriety of redactions.
See Key, Cuadrado, Gould, Johnson v. Insurance Department, 95 Misc. The information is required to be filed and has been routinely disclosed since Upon learning that petitioner disclosed the information on the internet, various companies expressed opposition to disclosure.
Court held that record is available, rejecting claim that disclosure would constitute an unwarranted invasion of personal privacy; similarly, the Court rejected a denial based upon the Personal Privacy Protection Law.
The newspaper argued that the Mohel was acting in a professional capacity and therefore, disclosure could not constitute an unwarranted invasion of personal privacy. Mann, AD3dNYS2d 3rd Dept -- Inmate request for records regarding other inmates involved in a disturbance was denied based upon institutional safety and inmate privacy considerations.
See Robertson and Lecker Beyah v. Inmate involved in an incident at correctional facility and sought records relating to the incident. One agency directive found to be available, the other deniable because disclosure could endanger life or safety.
City School District of the City of Binghamton v. Civil Service Commission, Supreme Court, Albany County, September 15, -- Insurance experience data in possession of State Civil Service Commission held to be available; Civil Service Commission was found not to regulate commercial enterprise; detriment to the public interest could not be proven.
City of Yonkerspdf Supreme Court, Westchester County, March 17, -- Involved request for records concerning murder of labor leader that "was never solved, and the murder investigation remains open.
Court emphasized an agency's responsibility to meet the burden of proof, stating that: Respondents' "justification of the claim to exemption consists mostly of conclusory and generalized policy concerns.
Board of Education of the City of New York v. See also Howard v. Matter of Bottom v.Welcome to Continental Corporation.
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