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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]
7 Mar 2010, 4:00 pm by James Eckert
" 710.30 doesn't reduce the People's burden on voluntariness from beyond a reasonable doubt to nothing whatever. [read post]
20 Dec 2010, 2:54 am by Andrew Lavoott Bluestone
A property owner is subject to liability for a defective condition on its premises if a plaintiff demonstrates that the owner either created the alleged defect or had actual or constructive notice of it (see Betz v Daniel Conti, Inc., 69 AD3d 545, 545; Roy v City of New York, 65 AD3d 1030, 1031; see also Gordon v American Museum of Natural History, 67 NY2d 836, 837). [read post]
17 Mar 2015, 7:45 am by Matt Kaiser
By instructing he jury that malice could be “an improper purpose,” the trial court reduced the government’s burden of proof. [read post]