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Dependant on that method, the paperwork asked for were not fairly described. Held that whether a ask for reasonably describes the records sought could possibly be dependent upon the terms of a ask for as well as the character of the agency’s filing and document-preserving system.
Loevy & Loevy v. NYC Police Dept., 41 Misc.3d 1216(A), 981 NYS2d 636 (New York County, 2013) – Company denied access to police investigation file pertaining to a rape and murder which occurred in 1987 on the bottom that the homicide is the topic of an open and Lively law enforcement investigation, which the company continues to actively check this scenario, periodically assessment the detective folder, and hunt for new proof and new qualified prospects. Court held that not each doc in a felony case file is routinely exempt from disclosure just because it is retained there, and which the company didn't determine the generic forms of paperwork for which the exemption is claimed, and also the generic threats posed by disclosure of such categories of paperwork, depending on Lesher (2012), consequently, the agency has unsuccessful to explain a problem exactly where disclosure with the file would interfere with legislation enforcement investigations or judicial proceedings.
There isn't a basis in regulation or in cause to use, within the context of FOIL proceedings, a rule any distinct from the overall rule of civil apply which states that conclusory allegations, Specifically types created 'on details and belief' by folks without having apparent immediate expertise are legally valueless." Conclusory declare of "homework" is insufficient to dismiss a petition; must be an "satisfactory affidavit attesting" to these types of diligence. Reversed by Rattley. See also Smith, Swinton, Thomas
Newsday v. Workplace from the District Attorney, Supreme Court, Nassau County, NYLJ, July 10, 2001 -- Ask for involved “electronic duplicate on the County’s database on prison convictions†from your County’s mainframe Personal computer. DA indicated that County won't manage a different databases of scenarios terminating in conviction, that it is “impossible to simply extract just the non-safeguarded data†falling throughout the ask for, and that a plan would need to be prepared and customized for the request. Concern involved separating information referring to closed instances “from numerous tables – of which you can find dozens – .
An agency cannot declare a blanket privilege of “general family law attorney glens falls ny public interest†but will have to alternatively justify claimed exception with a few specificity. Company’s assert that documents “will not exist in the case file†insufficient; should make clear that records under no circumstances existed or that they weren't found soon after diligent research. Modified: autopsy report confidential pursuant to New York Metropolis Constitution §557 and Mitchell.
District Attorney produced more, and court sustained remainder of denial according to §fifty-b, that parts of ask for “too vague†and didn't moderately describe the records as necessary by §89(3), that District Attorney achieved load of demonstrating that data could not be identified or didn't exist.
Irwin v Onondaga County Useful resource Recovery Company, 72 AD3d 314, 895 NYS2d 262 (4th Dept 2010) - Difficulty involved use of "all electronically saved photos" in possession of Agency readily available for use in any Company publication, besides All those pinpointing staff, together with "associated metadata" referring to pics. Reversed lower court and held that unpublished pictures are accessible, except Individuals associated with an ongoing legislation enforcement investigation. Also held that request cannot be denied "merely since it is voluminous" and that the ask for "fairly described" the information, citing Konigsberg. Held that metadata affiliated with photos obtainable, bundled a definition of that time period and referred to merchandise reflecting alterations and instructions" and is useful in demonstrating "the heritage of proposed revisions or changes.
. Request for attorney’s charges turned down based on finding that records weren't of Plainly considerable interest to the general public.
Jackson v. Wing, Supreme Court, Albany County, June 13, 1996 -- Petitioner created repeated requests and initiated various proceedings, and court discovered that his carry out "has been utterly vexatious, and sometimes, abusive" and so enjoined him from coming into the premises with the Section of Legislation and from commencing any further more steps below FOIL in any jurisdiction towards the condition or Albany County without having permission with the court.
†read this Further, “Although the arrangement was construed, for your sake of argument, to demand a created ask for below FOIL prior to disclosure, any destruction sustained by virtue of the fast you can find out more verbal disclosure, as an alternative to By the use of document disclosure some days thereafter, could be de minimis
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Though agency denied entry under Personalized Privateness Defense Regulation being an unwarranted invasion of private privateness, the court, citing a Committee feeling, held that the names of surgeons has to be disclosed, stating that the public curiosity outweighs andy privacy curiosity within the Section of a surgeon.
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