§Why CasetextPricing

In the Matter of Pamela A. Madeiros, Appellant,v.New York State Education Department et al., Respondents.

Brief

46 Cited authorities

  1. John Doe Agency v. John Doe Corp.

    493 U.S. 146 (1989)   Cited 542 times
    Holding that records originally assembled for other purposes can come within Exemption 7 if subsequently compiled for law enforcement purposes

  2. Rocovich v. Consol Edison Co.

    78 N.Y.2d 509 (N.Y. 1991)   Cited 1,699 times
    Holding that "[i]t is an accepted rule that all parts of a statute are intended to be given effect and that a statutory construction which renders one part meaningless should be avoided"

  3. Matter of Scherbyn v. Boces

    77 N.Y.2d 753 (N.Y. 1991)   Cited 530 times
    Finding that Article 78 review of a quasi-judicial hearing is a certiorari proceeding, not a mandamus to review proceeding, and therefore "substantial evidence" rather than "arbitrary and capricious" is the standard of review

  4. Church of Scientology, Etc. v. U.S. Dept

    611 F.2d 738 (9th Cir. 1980)   Cited 716 times
    Finding an exception to the first-to-file rule where the second-filed case had proceeded beyond the first-filed case

  5. 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)".

  6. Data Tree v. Romaine

    2007 N.Y. Slip Op. 9906 (N.Y. 2007)   Cited 179 times
    In Data Tree, a commercial enterprise requested that the Suffolk County Clerk provide it with certain real property records in electronic form.

  7. 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"

  8. Matter of Yolanda D

    88 N.Y.2d 790 (N.Y. 1996)   Cited 179 times
    Discussing N.Y. Fam. Ct. Act § 1012

  9. 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”

  10. 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).

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

    5 U.S.C. § 552   Cited 12,156 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

  12. Section 87 - Access to agency records

    N.Y. Pub. Off. Law § 87   Cited 1,160 times   3 Legal Analyses
    Providing for free access to governmental records

  13. Section 5602 - Appeals to the court of appeals by permission

    N.Y. CPLR 5602   Cited 1,154 times
    Discussing appeals by permission to New York Court of Appeals

  14. 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

  15. Section 84 - Legislative declaration

    N.Y. Pub. Off. Law § 84   Cited 535 times
    Declaring that the public “should have access to the records of government in accordance with the provisions of this article”

  16. Section 4410 - Special education services and programs for preschool children with disabilities

    N.Y. Educ. Law § 4410   Cited 32 times
    Noting that the recommendation committee shall be composed of at least the parents and several other individuals

  17. Section 200.18 - Fiscal audits of approved programs operated by private providers, special act school districts, boards of cooperative educational services and public school districts receiving public funds for the education of students with disabilities ages 3 to 21 who have been enrolled pursuant to articles 81 and 89 of the education law

    N.Y. Comp. Codes R. & Regs. tit. 8 § 200.18   Cited 5 times

    (a) Fiscal audits of all approved programs performed by the commissioner, the Office of the State Comptroller, other State agencies or agencies of other states. (1) All approved programs shall be subject to audit by the State. All such audits performed by the department shall be conducted in conformance with generally accepted auditing standards. Where other State agencies or the agencies of other states are involved in the funding of approved programs, any audits conducted by such agencies, and