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7 May 2023, 9:30 pm by Public Employment Law Press
However, where, as here, the agency "fails to inform the person [or entity] making the FOIL request that further administrative review of the determination is available, the requirement of exhaustion [of administrative remedies] is excused (Matter of Lepper v Village of Babylon, 190 AD3d 738, Matter of Barrett v Morgenthau, 74 NY2d 907; [see Matter of Rivette v District Attorney of Rensselaer County, 272 AD2d 648]; 7. [read post]
7 May 2023, 9:30 pm by Public Employment Law Press
However, where, as here, the agency "fails to inform the person [or entity] making the FOIL request that further administrative review of the determination is available, the requirement of exhaustion [of administrative remedies] is excused (Matter of Lepper v Village of Babylon, 190 AD3d 738, Matter of Barrett v Morgenthau, 74 NY2d 907; [see Matter of Rivette v District Attorney of Rensselaer County, 272 AD2d 648]; 7. [read post]
28 Nov 2008, 12:14 pm
: Peer International Corporation, Southern Music Publishing Co and Peermusic (UK) Ltd v Editoria Musical de Cuba (IP finance) Justice Kitchin upholds British Beer and Pub Association and British Hospitality Association appeal against decision of Copyright Tribunal on basis for calculation of fees which members have to pay for background music (IPKat) Contempt of court: the risks of false testimony in trade mark infringement proceedings: KJM Superbikes Ltd v Hinton (IPKat) (IPKat)… [read post]