§Why CasetextPricing

In the Matter of Perry Bellamy, Appellant,v.New York City Police Department, Respondent.

Brief

22 Cited authorities

  1. Brady v. Maryland

    373 U.S. 83 (1963)   Cited 43,378 times   133 Legal Analyses
    Holding that the prosecution violates due process when it suppresses material, favorable evidence

  2. Nat'l Labor Relations Bd. v. Robbins Tire & Rubber Co.

    437 U.S. 214 (1978)   Cited 950 times   4 Legal Analyses
    Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”

  3. Gould v. New York City Police Department

    89 N.Y.2d 267 (N.Y. 1996)   Cited 406 times
    In Matter of Gould v. New York City Police Dept. (89 N.Y.2d 267, 274-275), the Court of Appeals noted that "[a]ll government records are * * * presumptively open for public inspection and copying" under FOIL "unless they fall within one of the enumerated exemptions of Public Officers Law § 87(2)".

  4. Capital Newspapers v. Burns

    67 N.Y.2d 562 (N.Y. 1986)   Cited 292 times
    In Matter of Capital Newspapers v. Burns, 67 N.Y.2d 562, 505 N.Y.S.2d 576, 496 N.E.2d 665 (Ct.App.1986), the Court of Appeals stated that " the legislative intent underlying the enactment of Civil Rights Law § 50-a was narrowly specific, ‘ to prevent time-consuming and perhaps vexatious investigation into irrelevant collateral matters in the context of a civil or criminal action.’ "

  5. Matter of Fink v. Lefkowitz

    47 N.Y.2d 567 (N.Y. 1979)   Cited 300 times
    Noting that FOIL "established a general policy [in favor of] disclosure"

  6. New York Times Co. v. Regenhard

    4 N.Y.3d 477 (N.Y. 2005)   Cited 125 times
    Recognizing that a right of privacy exists in the affairs of the dead

  7. M. Farbman & Sons, Inc. v. New York City Health

    62 N.Y.2d 75 (N.Y. 1984)   Cited 193 times
    Treating HHC as a governmental agency subject to FOIL's “legislative declaration that government is the public's business”

  8. Hanig v. State of New York Department of Motor Vehicles

    79 N.Y.2d 106 (N.Y. 1992)   Cited 107 times
    Holding that the exemption encompasses information "that would ordinarily and reasonably be regarded as intimate, private information," in this case an employee's medical history

  9. Markowitz v. Serio

    2008 N.Y. Slip Op. 5775 (N.Y. 2008)   Cited 54 times
    In Matter of Markowitz v Serio (11 NY3d 43 [2007]), the Court of Appeals stated that, when claiming an exemption under Section 87(2)(d), a respondent's obligation to articulate a particularized and specific justification for denying access by presenting "specific, persuasive evidence that disclosure will cause it to suffer a competitive injury; it cannot merely rest on a speculative conclusion that disclosure might potentially cause harm" (id. at 51).

  10. Matter of Johnson v. New York City Police D

    257 A.D.2d 343 (N.Y. App. Div. 1999)   Cited 66 times
    In Johnson, this Court noted that “the disclosure of information that tends to exonerate a criminal defendant would not be likely to represent any apparent danger to the witness from whom it was derived” (id.).

  11. Section 500.11 - Alternative procedure for selected appeals

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.11   Cited 536 times

    (a) On its own motion, the court may review selected appeals by an alternative procedure. Such appeals shall be determined on the intermediate appellate court record or appendix and briefs, the writings in the courts below and additional letter submissions on the merits. The clerk of the court shall notify all parties by letter when an appeal has been selected for review pursuant to this section. Appellant may request such review in its preliminary appeal statement. Respondent may request such review