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18 Mar 2025, 6:00 am by Public Employment Law Press
The exemptions are to be" 'narrowly construed' " (Gould, 89 NY2d at 275; see Matter of Hawley v Village of Penn Yan, 35 AD3d 1270, 1271 [4th Dept 2006], amended on rearg 38 AD3d 1371 [4th Dept 2007]), and the government agency bears the burden of demonstrating that " 'the material requested falls squarely within the ambit of one of [the] . . . exemptions' " (Abdur-Rashid, 31 NY3d at 225; see Matter of National Lawyers… [read post]
18 Mar 2025, 6:00 am by Public Employment Law Press
The exemptions are to be" 'narrowly construed' " (Gould, 89 NY2d at 275; see Matter of Hawley v Village of Penn Yan, 35 AD3d 1270, 1271 [4th Dept 2006], amended on rearg 38 AD3d 1371 [4th Dept 2007]), and the government agency bears the burden of demonstrating that " 'the material requested falls squarely within the ambit of one of [the] . . . exemptions' " (Abdur-Rashid, 31 NY3d at 225; see Matter of National Lawyers… [read post]
13 May 2014, 12:07 pm
 Judges Graber and Gould write concurring opinions that express various points, both of which articulate a slightly different analysis than the majority opinion. [read post]
23 Oct 2014, 10:02 am
"But Judge Gould, joined by Judge Graber, feels otherwise. [read post]
28 Nov 2017, 11:12 am by Jon Sands
Robertson, No. 16-30178 (11-27-17)(Gould w/McKeown & Rothstein). [read post]
22 Jun 2021, 2:33 pm
of the opinion:"A variation on this view culminated in Brandenburg v. [read post]
23 Feb 2009, 11:31 am
Though Judge Gould doesn't mention it, guess who not only authored the former but was on the panel in the latter? [read post]
12 Jul 2010, 5:53 am by Erin Miller
United States; Gould v. [read post]
29 Jan 2022, 3:07 pm by Jon Sands
King, No. 21-10002 (1-25-22)(Gould w/Bennett & Nelson). [read post]
9 Oct 2012, 2:31 pm by Jon Sands
Nungaray, No. 11-30341 (10-5-12) (Gould with Schroeder and Friedman, Sr. [read post]
9 May 2019, 1:04 pm by Jon Sands
Anieze-Smith, No. 16-50208 (5-2-19)(Gould w/Nguyen & Benitez). [read post]