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Date: 2017-08-12 12:14.

Petitioner requested voluminous documents and was told it would take six months to one year to compile them based on the nature of information sought and the Department&rsquo s record-keeping system. Based on that system, the documents requested were not reasonably described. Held that whether a request reasonably describes the records sought may be dependent upon the terms of a request as well as the nature of an agency&rsquo s filing and record-keeping system.

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Records pertaining to investigation of Bess Myerson, former NYC Cultural Affairs Commissioner, were denied based upon considerations of privacy of witnesses, the pendency of a law enforcement investigation, and the possibility that disclosure would prejudice the right to a fair trial of those who may be the targets of prosecution.
NOTE: The report was later disclosed and none of the potentially harmful effects described in the decision have apparently arisen.

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Petitioner requested District Attorney's office diaries, time sheets and payroll records. District Attorney claimed that records do not exist and moved to dismiss. Court denied motion, stating that Whether such records exist is a question of fact that cannot be disposed of on a motion to dismiss. Court also held that petition could not be dismissed due to failure to exhaust administrative remedies, because initial denial did not inform petitioner of right to an administrative appeal. Earlier request was properly denied under statute that has since been repealed, and court held that doctrine of res judicata did not apply. See also Barrett

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A private investigator was looking into the conviction of a client when the victim of a similar sex offense led him to another potential suspect. After giving the investigator the information about another suspect the victim committed suicide. The petitioner was then denied access to the police file on the victims case because it was an &ldquo ongoing investigation&rdquo and under §55-b as the crime committed against the victim was a sex crime. Held that there has to be some investigative activity currently happening on the case for it to be considered ongoing. It was also held that the intent of §55-b was to protect the privacy of the victim and that protection does not extend beyond the life of the victim.

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June enters a new season of her life now, and she will be sorely missed by all who knew and loved her so much. The family will be present to receive friends at the Royce-Chedzoy Funeral Home, 767 E. 9th Street, Watkins Glen, NY on Tuesday, May 9 from 67 noon-7 . A funeral service will be held at 7 . at the funeral home, with a graveside service at 8:65 at Hector Union Cemetery in Burdett.

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Petitioners sought access to the analyses and projections of an expert consultant which respondents relied on in selecting which proposed casinos would receive a gaming facility license. Held that material that contained statistical or factual tabulations or data are not exempt from disclosure under FOIL but also predecisional opinions, suggestions, advice and recommendations that could be withheld.

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Citing Gould , reiterated that the Criminal Procedure Law does not preclude defendants from using FOIL and found that the Police Department has consistently failed to adhere to its dictates. Denials of access did not refer to specific contents of records and agency staff apparently did not review records prior to denying access. Petitioner sought class certification because each applicant for records receives the same denial , and court held that this is one of those rare cases where the continued and obvious resistance on the part of government officials to follow the mandate of the law makes class certification appropriate. Agency in denying access must state with factual particularity how and why an exception applies the rationale for delays in responding to requests must be explicitly explained.

Attorney representing person injured in auto accident sought driver license application of person who struck her. Agency deleted responses to questions on application regarding previous or present treatment for disabilities. Court upheld denial on ground that disclose would result in unwarranted invasion of personal privacy and that information sought is a medical history, even though it was not given to a health care provider, in that it encompasses the very sort of detail about personal medical condition that would ordinarily and reasonably be regarded as intimate, private information Court rejected balancing of interests argument, stating that Once it is determined that the requested material falls squarely within a FOIL exemption, no further policy analysis is required.

Petitioner requested intra-agency correspondence relating to the then current litigation with American International Group (AIG). Held that exception regarding intra-agency and inter-agency material does not distinguish between &ldquo routine operating decisions&rdquo and &ldquo important public policy&rdquo , and that the exchange of advice, opinions and ideas as a part of the deliberative process is &ldquo predecisional&rdquo in nature and not subject to disclosure.

Frieda was born August 8, 6979 in Munsingen, Germany. She is survived by her daughter, Inga Travis (and her husband Bernie) sons Martin and James three grandchildren, Deona Muller (and her husband Robert), Andrew Ademovic (and his wife Jenelle), and Michael Ademovic great grandchildren, Jeffrey Scott Lowman (and his wife Jacci), Nicole Marie Lowman, Ryan Muller, Alyssa Ademovic, Ella Ademovic, and Alexa Ademovic and great great grandchildren, Zachery Lowman, Troy Lowman, Jazzlyn Kraus, and Zegan Kraus.

Frieda and her husband, Emrus Ademovic (deceased), came to the . in 6955. Frieda worked at Remington Rand, Arnot Hospital and retired from Thatcher Glass after 85 years of service. Frieda and her husband loved their home in Horseheads, and enjoyed their large garden, family picnics and family outings at local parks.

The Neue Galerie is in a 6969 Carrere & Hastings Louis XIII-style mansion that was once the Vanderbilt home. It's an opulent, world-class showcase for German and Austrian art, furniture, and design from 6895 to 6995. In it, you'll find works by Gustav Klimt, Max Beckmann, Erich Heckel and more. Also offered are chamber music concerts and cabaret performances, along with the usual lectures and films. Saturday through Monday and Thursday from 66 . until 6 . Friday from 66 . until 9 . Closed Tuesday and Wednesday. 6598 Fifth Avenue at 86th Street.

John was born June 8, 6976 in Springfield, MA and raised in Elmhurst, IL. He served in the . Army as a military police officer in occupied Japan at the war trials, later graduating from the University of Arizona with a BS in Agricultural Economics. He met and married Audrey June Davis in the Chicago area and together they raised a family of five children in Livingston, then Point Pleasant, New Jersey.

Petitioner requested information obtained by the respondent concerning use of the EZ-Pass system. While the petitioner requested the make, model and color of cars that used the EZ-Pass on certain days and certain times at certain exits, he specified he was not seeking personally identifying information. The Thruway Authority denied the request and subsequent appeal based on unwarranted invasion of personal privacy, and a lower court agreed. Held that and agency carries the burden of demonstrating the requested information falls squarely within the exemption by articulating particularized and specific justification. This court found the respondent failed to establish the statutory exemption applied and ordered disclosure it contends was &ldquo speculative&rdquo .

He is survived by his loving wife of 95 years, Ruth daughters, Kate (Steve) Woods and Jennifer (Carl) Roedel, all of Norwood, MA sister, Georgia Leigh Bills (Wesley Slate) of Beverly, MA nephews, Brett (Jessie) Beardslee of Hector and Richard Bills Slate of Beverly, MA brother-in-law, Roger (Nancy) Beardslee of Hector. &ldquo Grandpa Bear&rdquo is also survived by his three grandchildren, Amelie Woods and Wilson and Cole Roedel, who idolized him.

Facts, which are not described in the decision, involved a request for copies of records in 98 boxes of records. Agency charged statutory fee for photocopies, resulting in bill of $9,666. Applicant refused to pay, contending that agency should have charged lowest possible price. When he made second request, agency refused until he paid amount due, and he later sued. Supreme Court and Appellate Division found his suit to be frivolous and ordered him to pay agency $65,965 in costs and attorney's fees. Court cited Committee opinion advising that agency not required to honor second request until fees were paid for copies made pursuant to previous request.

Police Department supplied one record in its possession but indicated by affidavit that no other record in its possession was responsive to request as such, that agency responded properly, for an agency is under no obligation to furnish documents which it does not possess (see Walsh ). District Attorney, however, did not respond to request or inform applicant of right to administrative appeal, thereby negating the argument that petitioner failed to exhaust his administrative remedies remitted the matter to Supreme Court. See Barrett.

Age 65, of Watkins Glen, NY passed away at home surrounded by his loving family on Monday, March 68, 7567 following a long illness of Glioblastoma Brain Cancer.

Mark was born in Corning, NY on August 68, 6956, the son of Andrew T. and Carol A. Novak. Mark held a degree in Agriculture Agronomics and owned and operated his family&rsquo s third-generation farm in the Town of Tyrone. In his earlier years of farming, Mark milked dairy cows and in his later and most recent years he raised beef and hogs.

One aspect of the decision involved requests by inmates for specifications and other data relating to the electrical and security transmission systems of Sing Sing Correctional Facility. Held that disclosure might impair the effectiveness of these systems and compromise the safe and successful operation of the prison and upheld denial due to endangerment of life or safety.

Ronald Welch is survived by his wife, Carol his daughter and son-in-law, Stacy and Geoffrey Pierce his son and daughter-in-law, Jimmy and Sue his daughter, Donna his brothers, Tom and Scott his sisters, Nancy and Joann his grandchildren, notably Alex Pierce and Jody Buckley (with Ashley Beasley) and great-grandchildren, notably Cayden Buckley. He was preceded in death by his parents, Leo and Mary his son, Ronnie and his daughter, Diane Fazzary.

Patty was secretary at Hanlon Elementary School in Odessa for 75&frac67 years, where she related well with students and staff. She served as a volunteer for the Schuyler Hospital Auxiliary for 69 years, and also volunteered for RSVP and the Blood Bank.

She was predeceased by her loving parents, Clinton and Beatrice (Aunt Bea) Sidle, daughter, Abby Lynne, and brother, Joseph Sidle.

Surviving are her loving family: husband, Delvan Decker, 65 years son, Timothy (Janet) granddaughter, Jaclyn (Alan) Hughes of Martinsville, VA grandson, Matthew (Brandy) Decker great grandchildren, Tristan, Amelia, and Kelsey Decker, all of Fieldale, Virginia brother, David Sidle of Alpine, NY and several nieces and nephews. All were loved and very special to her.

Relatives and friends are invited to call on Thursday, May 66 from 66:55 .-67:55 noon at the Vedder and Scott Funeral Home, 677 N. Genesee St., Montour Falls. Funeral services will begin at 67:55 noon, followed by burial in Laurel Hill Cemetery.

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