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4 Mar 2009, 4:15 am
The custodian of the records has the burden of proving that information it withheld in responding to a FOIL request is within a FOIL exemptionMatter of U.S. [read post]
25 Jun 2011, 6:31 am by Silverberg Zalantis LLP
In Congregation Rabbinical College of Tartikov v.Town of Ramapo, the Court held "when a municipality seeks to revoke a previously granted tax exemption, it bears the burden of proving that the real property is now subject to taxation (Matter of New York Botanical Garden v Assessors of Town of Washington, 55 NY2d 328, 334 [1982])." [read post]
10 Jul 2011, 3:04 pm by Evidence ProfBlogger
Federal Rule of Evidence 301 provides that In all civil actions and proceedings not otherwise provided for by Act of Congress or by these rules, a presumption imposes on the party against whom it is directed the burden of going... [read post]
25 Jul 2010, 9:04 pm
This is the train of citations (Sidhom is not pertinent): Thomas (2002): The defendant, however, bears the ultimate burden of proving, by a preponderance of the credible evidence, that the evidence should not be used against him (see, People v Berrios, supra at 367; People v Baldwin, 25 NY2d 66, 70; People v Whitehurst, 25 NY2d 389, 391; Nardone v United States, 308 US 338, 341-342), and that the police lacked probable cause to arrest him (see, People… [read post]