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25 Jan 2021, 9:00 am
As the Court of Appeals held in Fappiano v New York City Police Dept., 95 NY2d 738, "[a]ll government records are presumptively open for public inspection unless specifically exempted from disclosure as provided in the Public Officers Law" and further explained in Gould v New York City Police Dept., 89 NY2d 267, a government agency may withhold records sought pursuant to FOIL only if it "articulate[s] particularized and specific justification for not… [read post]
1 Mar 2011, 3:00 am
We affirm the order insofar as appealed from. [read post]
4 Jan 2020, 5:34 pm
In this case, the plaintiff appealed from the judgment of the Superior Court denying its appeal from the decision of the Zoning Board of Appeals. [read post]
22 Aug 2020, 8:32 am
.) -- affirming district court’s decision that: (1) State Department and DEA performed reasonable searches for records concerning their processing of plaintiff’s prior FOIA requests; (2) Office of Information Policy properly declined to process certain DEA and FBI documents contained in plaintiff’s OIP appeal files because plaintiff’s request asked for only records “memorializing or describing the processing” of plaintiff’s prior… [read post]
19 May 2020, 12:42 pm
references to matters outside the appellate record violate at least two Rules: (1) Rule 8.204(a)(1)(C), which provides that each brief must "[s]upport any reference to a matter in the record," and (2) Rule 8.204(a)(2)(C), which provides that the opening brief must "[p]rovide a summary of the significant facts limited to matters in the record. [read post]
24 Feb 2021, 9:32 am
Law360 has Zoom Recordings Could Change Trial Appeals, Atty Says:A criminal defense lawyer who participated in a criminal jury Zoom trial last year said Tuesday that the videoconferencing technology could make a difference in appeals if higher courts decide to start consulting video as a record. [read post]
4 Apr 2011, 9:00 am
On March 29, 2011, the United States Court of Appeal for the Federal Circuit issued an opinion of interest to anyone who practices in appeals. [read post]
13 Aug 2007, 10:22 am
The photo in today's Daily Record (subscriber-only link) of retired Court of Appeals Judge Dale R. [read post]
7 Apr 2017, 4:00 am
In order to overturn the lower court’s decision, the Court of Appeal would need to find that there was no reasonable factual basis for the trial court’s decision and the record shows that the decision is clearly wrong. [read post]
29 Jan 2016, 12:01 pm
” The value of appellate counsel is based on his or her “examination into the record, research of the law, and marshalling of arguments on [the defendant’s] behalf”. [read post]
3 Apr 2015, 4:00 am
The record indicated that in their current condition, the vinyl signs are each worth somewhere between $60,000 and $100,000. [read post]
4 Aug 2008, 8:38 pm
A federal appeals court on Monday lifted an injunction against Cablevision Systems that blocked it from offering a recording service that stored programming on the cable company's own servers instead of on an viewers' in-house recording devices. [read post]
18 Jan 2024, 7:48 am
The Court of Appeals found no error. [read post]
5 Feb 2020, 8:39 am
Lacko appealed the decision and went through the lawsuit process. [read post]
14 Apr 2025, 6:00 am
Petitioner appealed SCPD's withholding those records it deemed "unsubstantiated," "unfounded," or "exonerated" with respect to certain police officers on the ground that such records were exempt from disclosure pursuant to Public Officers Law §87(2)(b). [read post]
14 Apr 2025, 6:00 am
Petitioner appealed SCPD's withholding those records it deemed "unsubstantiated," "unfounded," or "exonerated" with respect to certain police officers on the ground that such records were exempt from disclosure pursuant to Public Officers Law §87(2)(b). [read post]
12 Nov 2014, 11:27 am
In looking through its contents, the detective found a phone record that supported Brown’s claim that he had made a land line call from his girlfriend’s apartment. [read post]
9 Mar 2021, 2:49 pm
A Federal Appeals Court’s recent precedential decision in the case of Gibbs v. [read post]
14 Jun 2024, 12:23 pm
” The New Jersey Civil Service Commission gave notice to Trejo that she had been removed from the list for having an “unsatisfactory employment record. [read post]
1 Sep 2011, 10:54 am
The Court of Appeal affirmed. [read post]
