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Decision highlights some essentials of the Freedom of Information Law
8 Jan 2017, 8:04 am by The Public Employment Law Press
Notably, "blanket exemptions for particular types of documents are inimical to FOIL's policy of open government" (Matter of Gould v New York City Police Dept., 89 NY2d 267, 275 [1996]; accord Matter of Thomas v New York City Dept. of Educ., 103 AD3d 495, 498 [2013]; Matter of New York State Defenders Assn. v New York… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The finding of an unwarranted invasion of privacy an exception to disclosure of medical records pursuant to New York State's Freedom of Information Law
9 Feb 2023, 9:00 am by Public Employment Law Press
Fire Dept., 4 NY3d 477, and Matter of Edwards v New York State Police, 44 AD3d 1216. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The finding of an unwarranted invasion of privacy an exception to disclosure of medical records pursuant to New York State's Freedom of Information Law
9 Feb 2023, 9:00 am by Public Employment Law Press
Fire Dept., 4 NY3d 477, and Matter of Edwards v New York State Police, 44 AD3d 1216. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Court resolves an ambiguity created by the custodian of records sought pursuant to a Freedom of Information Law request against the custodian
25 Mar 2024, 6:00 am by Public Employment Law Press
"Ordinarily, a FOIL requester's statutory remedy for an untimely response is to deem the response a denial and begin a CPLR article 78 proceeding (Matter of New York Times Co. v City of N.Y. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Court resolves an ambiguity created by the custodian of records sought pursuant to a Freedom of Information Law request against the custodian
25 Mar 2024, 6:00 am by Public Employment Law Press
"Ordinarily, a FOIL requester's statutory remedy for an untimely response is to deem the response a denial and begin a CPLR article 78 proceeding (Matter of New York Times Co. v City of N.Y. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent medical evidence establishing a recognizable link between claimant's injuries and repetitive movements associated with her work activities constitutes substantial evidence that claimant did not establish a causally-related occupational disease
24 Jun 2022, 9:06 pm by Public Employment Law Press
  Matter of Sanchez v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Absent medical evidence establishing a recognizable link between claimant's injuries and repetitive movements associated with her work activities constitutes substantial evidence that claimant did not establish a causally-related occupational disease
24 Jun 2022, 9:06 pm by Public Employment Law Press
  Matter of Sanchez v New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error
10 May 2024, 6:00 am by Public Employment Law Press
Indeed, even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice" (Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 326 [1999]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error
10 May 2024, 6:00 am by Public Employment Law Press
Indeed, even in circumstances where an arbitrator makes errors of law or fact, courts will not assume the role of overseers to conform the award to their sense of justice" (Matter of New York State Correctional Officers & Police Benevolent Assn. v State of New York, 94 NY2d 321, 326 [1999]). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
More on Legal Malpractice and 306-b
19 Nov 2010, 1:08 am by Andrew Lavoott Bluestone
Bumpus v New York City Tr. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
The Broad Scope of “Intent to Defraud” in the New York Crime of Falsifying Business Records
3 Apr 2023, 5:45 am by Ryan Goodman
The decision was affirmed by the highest New York court, the New York Court of Appeals. [read post]
Just Security - https://www.justsecurity.org/
Summary Judgment Denied to Hospital -- Insurer Permitted to Conduct Discovery on its Intoxication & Felony Act Defenses
20 Dec 2010, 9:12 pm
See, Adler v City of New York, 52 AD3d 549 (2d Dept. 2008); Baron v Incorporated Vil. of Freeport, 143AD2d 792 (2d Dept. 1988). [read post]
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
Determining the prevailing party for the purpose of awarding attorney fees and litigation costs in a lawsuit brought pursuant to the Freedom of Information Law
7 Dec 2021, 7:30 am by Public Employment Law Press
Police Dept., 103 AD3d 405. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining the prevailing party for the purpose of awarding attorney fees and litigation costs in a lawsuit brought pursuant to the Freedom of Information Law
7 Dec 2021, 7:30 am by Public Employment Law Press
Police Dept., 103 AD3d 405. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
[Eugene Volokh] N.Y. Appellate Court Stays, Pending Appeal, Injunction Against N.Y. Times in Project Veritas Case
10 Feb 2022, 10:01 am by Eugene Volokh
Times Co.: ORDERED that the branch of the appellant's [New York Times'] motion which is to stay enforcement of the order pending hearing and determination of the appeal is granted, and enforcement of the order is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before March 11, 2022; and it is further, … ORDERED that the branch of the appellant's motion which is to vacate the… [read post]
The Volokh Conspiracy - http://www.volokh.com/
Derivative Standing and the Internal Affairs Doctrine
5 Jun 2023, 4:56 am by Franklin C. McRoberts
The Culligan Decision But in June 2014, the First Department issued Culligan Soft Water Co. v Clayton Dubilier & Rice, LLC (118 AD3d 422 [1st Dept 2014]). [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
New York Law Journal: Decisions of Interest September 28, 2007
28 Sep 2007, 1:19 am
NYC Police Dept., def. [read post]
New York Supreme Court Criminal Term Library - http://crimlawlib.blogspot.com/
Correspondence exchanged between public officers and agencies and private consultants are within the ambit of the Freedom of Information Law
3 May 2018, 3:00 am by Public Employment Law Press
Conservation, 18 NY3d 652, 657 [2012]; Matter of Buffalo News v Buffalo Enter. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applying the "special duty" doctrine in litigation alleging negligent government conduct
28 Mar 2022, 7:30 am by Public Employment Law Press
Both plaintiff and the City moved for judgment as a matter of law or, alternatively, a new trial. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applying the "special duty" doctrine in litigation alleging negligent government conduct
28 Mar 2022, 7:30 am by Public Employment Law Press
Both plaintiff and the City moved for judgment as a matter of law or, alternatively, a new trial. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/