12 Cited authorities

  1. 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)".
  2. Tax Analysts v. I.R.S

    294 F.3d 71 (D.C. Cir. 2002)   Cited 175 times
    Holding that memoranda from the IRS's Office of Chief Counsel did not qualify for Exemption 5 because the fact that they traveled "horizontally" to individual agency offices indicated that those statements actually represented the agency's "final legal position" on various matters
  3. 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"
  4. Lesher v. Hynes

    2012 N.Y. Slip Op. 2414 (N.Y. 2012)   Cited 70 times
    In Lesher, for example, the prosecutor's general explanation that the correspondence sought contained information concerning the particulars of the crime and the identities and statements of witnesses and that "its release posed an obvious risk of prematurely tipping the District Attorney's hand" was sufficient to support reliance on the exemption (id. at 67-68).
  5. Trump-Equitable v. Gliedman

    57 N.Y.2d 588 (N.Y. 1982)   Cited 162 times

    Argued November 10, 1982 Decided December 14, 1982 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, FRANK J. BLANGIARDO, J. Milton S. Gould and Roy M. Cohn for appellant. Frederick A.O. Schwarz, Jr. ( Edith I. Spivack and Rochelle M. Corson of counsel), for respondent. WACHTLER, J. The Trump-Equitable Fifth Avenue Company (Trump), which seeks a partial tax exemption in this proceeding, is a joint venture which owns a parcel of real property located at 721-725

  6. Beechwood Care Ctr. v. Signor

    2005 N.Y. Slip Op. 7829 (N.Y. 2005)   Cited 58 times   1 Legal Analyses
    Responding entity must certify that it does not possess a requested document and that it could not be located after a diligent search if not produced or subject to a request denial
  7. MacKenzie v. Seiden

    106 A.D.3d 1140 (N.Y. App. Div. 2013)   Cited 17 times

    2013-05-2 In the Matter of Edward MacKENZIE, Appellant, v. Melinda B. SEIDEN, as Records Access Officer, Albany County District Attorney's Office, Respondent. Edward MacKenzie, Ossining, appellant pro se. Craig A. Denning, County Attorney, Albany (Tracy Murphy of counsel), for respondent. SPAIN Edward MacKenzie, Ossining, appellant pro se. Craig A. Denning, County Attorney, Albany (Tracy Murphy of counsel), for respondent. Before: MERCURE, J.P., SPAIN, McCARTHY and EGAN JR., JJ. SPAIN, J. Appeal

  8. Matter of Friedland v. Maloney

    148 A.D.2d 814 (N.Y. App. Div. 1989)   Cited 15 times

    March 9, 1989 Appeal from the Supreme Court, Albany County (Kahn, J.). Mikoll, J. Through correspondence dated February 23, 1987, petitioner, a paralegal employed by Prisoners' Legal Services (hereinafter PLS), requested various documents under the Freedom of Information Law (hereinafter FOIL) (Public Officers Law art 6) from the Department of Correctional Services. The request was for any and all documents relating to budgeting, funding, expenditures, requests for funding and medical care at Bayview

  9. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,164 times   556 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party
  10. Section 87 - Access to agency records

    N.Y. Pub. Off. Law § 87   Cited 1,162 times   3 Legal Analyses
    Providing for free access to governmental records
  11. Section 89 - General provisions relating to access to records; certain cases

    N.Y. Pub. Off. Law § 89   Cited 930 times
    Disapproving unconsented-to release of employment and medical information in public records
  12. Section 4410-C - Audits of special education services program providers for preschool children with disabilities

    N.Y. Educ. Law § 4410-C   Cited 1 times

    1. Notwithstanding any other provision of law to the contrary and within such funds as are made available for such purpose, the comptroller shall audit the expenses reported to the department by every program provider of special education services for preschool children with disabilities in the state. Pursuant to a plan developed by the comptroller, such audits shall be conducted in a manner so as to cause every such provider to be audited by the comptroller at least once by March thirty-first, two