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Court held that copyright concerns were insufficient to justify a denial of access to manufacturer's training manuals concerning maintenance and testing of urinalysis machine.
Also, agency failed to justify denial of request for tester's log book information.
Hogan, Planned Parenthood, Rainey, Regenhard, Reese, Robles, Rodriguez, Rold (1), Ruberti, Scott (2), Siegel, Stein, Stevens, Tobin, Thomas v. Russo, Dupont, Echevarria, Empire (1), Espiritu, Franklin, Huston, Irwin, James, Hoyer, Newcomer v. Feuerstein, Hassig, Karlin, Klline (2), Kooi, Laureano, Mantica, Mc Ferrin-Clancy, Miller (1), Morris, Mullady, Murphy, National Alliance, Newsday (3), Newsday (6), Newsday v. of Transportation, Newton, New York Committee for Occupational Safety & Health v. Hynes, Joseph, Kassebaum, Kwoczka, Laureano, Miller (1), Newsday LLC v. Sought records relating to the request for proposals, but was denied access because it “would impair present or imminent contract awards or collective bargaining negotiations.” Petitioner filed an Article 78 but prior to the decision the respondents disclosed the documents, which left only attorney’s fees issue to be decided.
NYC, Tri-State (2), Westchester Rockland (1), Willson, Newsday (4), Van Ness, Abel, Brooklyn College, Coalition of Landlords(3), COMPS (Major & Minor), De Corse, Empire (1), Federation, Gannett (3), Golbert, Goodstein, Hudson, Krauss, Livson, Massaro, New York State United Teachers (1), New York State United Teachers (2), New York Teachers, New York Veterans, Nicholas, Person-Wolinsky, Samuel, Schenectady County Society for the Prevention of Cruelty to Animals v. Strojnowski, Argentieri, Baynes, Buffalo Broadcasting (2), Cap. NYS Office of Attorney General, Troy Sand & Gravel, United Food, Warder, Washington Post, Westchester Rockland v. State of New York, Office of the Attorney General, Jones v. NYS Office of the Attorney General, Smokes, Stein, Timmons, Timoney v. Commissioner, Levine, Martin, Mc Crory, Medina, Mendez, Mendoza, Mixon, Norden, City of Oswego, Pennington v. Bloomberg, New York News (1) and (3), New York Times, John P., Pennington (1), Property Valuation, Rabinowitz, Ragusa, Reape, Robinson, St. Claims Services, Inc., Wasserman, Williams, Williams v 106 Clarkson Realty LLC, Wise, Zuckerman, Almodovar, Bernstein, Brownell, Brusco, CAT ASI, Coleman, Corvetti, Daily Racing Form, Davidoff, De Corse, Floyd-Frigerio, Held, Housing Works, Hudson, Inner City (2), Kalish, Kirshtein v. Held that a petitioner may be entitled to attorney’s fees when it substantially prevails and the agency had no reasonable basis for the denial or did not respond within the statutory time.
Calabrese, Police Benevolent Association of New York, Inc.(2) , Seelig, C. Bennett, South Shore Press Inc., Taylor, Toledo, Wagstaffe v. City of New York Police Department, Office of the Attorney General, Irving, Lockheed Martin, Markowitz, Newman, NYC Off Track Betting, New York Racing (2001), New York Racing (2008), New York Regional, NYS Electric, Niagara Mohawk (1) and (2), City of Oswego, Passino, Physicians Committee for Responsible Medicine v. Strojnowski, Capital Newspapers (4), Carnevale (1), Carnevale (2), Chebere, Cornell, De Luca, De Maria, De Oliviera, Faulkner, Fink, Gannett Newspaper v. ABC News was granted access to names and business addresses of the principals of check cashing businesses licensed by Banking Department; other aspects of license applications, such as residence addresses, were denied on the basis of §87(2)(f) in order to protect the lives and safety of applicants and their families.
City of Yonkers, Capital Newspaper (2), Collier, Collins, Cornell, Council of Regulated Adult Liquor Licenses, Daily News, Dawkins v. Hynes, Lewis (1), Lockwood (2), Maffeo, Marshall, Mc Ghee, Monteleione, Moore (2), Muniz, National Alliance, City of New York v. Records Access Officer, Newsday, Morales, New York Civil Liberties Union, Prisoners' Legal Services, Powhida, Reale, Rome Sentinel, Ruberti, Scaccia, Schwartz, Sommer, Stuart, Woodstock, Wunsch, Zanders, Belth (2), Bensing, Berger, Beyah, Blain, Buffalo Evening News (2), Burtis (2), Capital Newspapers (4), Corwin, Data Tree, Deanne, De Corse, Empire (1), Feerick, Feinberg, Faulkner, Faxton, Flower, Gallogy, Gannett (3), Goldstein, Goodstein, Goyer, Greene v.
Mills, Scott (2), Siegel, Smigel, Stevens Blain, Anonymous, Buffalo Evening News (1), Buffalo News (2), Cap. P., Day, Elentuck, Farrell, Gannett (2), Geneva Printing (1) and (2), Hawley (2), Henner, Herald (4), Kerr, Kwasnik, Lewis (1), La Rocca, Minerva, Mothers, Mulgrew, Mulgrew v. Newspapers (4), Citizens for Alternatives, Encore (2), Irwin v Onondaga County Resource Recovery Agency, Kerr, Newsday (5), Rumore, Russo, C. Commissioner, Khatibi, Lebron, Mixon, Moore, Riley-James, Ramos v. Metropolitan Transportation Authority, Urban Justice Center v. Clark, Pelt, Qayyam, Sanders, Sunter (2), Swinton, Vann, Acosta, Alliance, Aliano (2), Belth, Belth v. Newspapers (1) and (3), Clegg, Children's Rights, Coalition of Landlords(3), Collins, Daily Gazette, Green, Fitzpatrick, Gannett (1), Gannett v. Joseph's, Sam, Scott (2), Shedrick, Short, Smith v. David, Lecker, Legal Aid (1), Linz, Mc Allan, Mullady, Murray (1), Newsday v. In this case, since all the proposals were submitted and acted upon at the time of the request, there was no reasonable basis for denial and attorney’s fees were awarded.
Board of Education, New York State United Teachers, New York Times (2), New York Veterans, Obiajulu, Pennington v. New York City Police Department, Romero, Russo, Scarola, Smokes, Walsh, Asian American Legal Defense and Education Fund, Bader, Council of Regulated Adult Liquor Licenses, Cromwell, Gannett Suburban, Johnson (2), Konigsberg, Kwasnik, Mc Gee, Mitchell (2), Newman v. New York Police Department, Vasquez, Woodstock, Zanger Carnevale (1), Carnevale (2), Cerro, Corbin, Doe, Garcia, Greene, Hodges, Kelly, Lutvin, Mitchell, Mc Bride, Newton, Orange Cty., Pub. County of Nassau, New York Civil Liberties Union, Newton, New York Association, Murtha, O'Donnell, People v. NYS Public Service Commission, Washington Post, Waste Stream, Allen v. Held that physical evidence, such as tools, clothing, does not constitute a "record"; affirmed denial of names and addresses and statements of confidential witness and certain investigative techniques used for processing a homicide scene; Court cited opinion of Committee; has been appeals to Court of Appeals.
Calabrese, Physicians Committee for Responsible Medicine v. Metropolitan Transportation Authority, Rochester Democrat and Chronicle, Rodriguez, Ruberti, Sagaponack, Stein, Schreier, Tobin, Urban Justice Center v. Hynes, Hall, Harvey, Hightower, King, Mullgrav, Newton, New York News (4), Newton (2), C. Smith (4), Smokes, Westchester-Rockland (7), American Broadcasting, American Society, Brownstone (3), Buffalo Teachers, Empire Center for New York State Policy v.
New York Police Department, Whitfield, Almodovar, Argentieri, Benedict, Bernstein, Canandaigua, Carnevale, Carty, CAT ASI, Chambers, Coleman, Couch, Council of Regulated Adult Liquor Licenses, Cosgrove, Covington, Dickman, Doe, Flower, Floyd, Held, Town of Hempstead, Irving, Jacoby, Jamison, Jefferson, Jones v. New York State Teacher’s Retirement System, Joint, Krauss, New York Teachers, New York Veterans, Police Benevolent Association of New York, Inc.(2)Allen Group, Bannon, Bellamy(1), Bellamy (2), Brodie, Brownell, Chatham, DJL Restaurant, Erie Boulevard, Gannett Newspaper v. Of Monroe, Hameed, Humane Society, Johnson (3), Marrone, Metts, New York Civil Liberties Union, Ragusa, Rainbow News, Smith v. of Public Works, Stengel, Town of Waterford, Tuck-It-Away, Waterford v. of Environmental Conservation, West Harlem, White v.