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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.
Hynes, Lugo, New York Environmental Law & Justice, Norde, Rattley, Sanchez, Thomas (2), West Harlem Business Group v.
Empire State Development Corporation, Buffalo Evening News (1), Buffalo News (2), Daily Gazette, Farrell, Geneva Printing (2), Henner, Herald (4), New York News (1), Powhida, Reale, Rome Sentinel, Santomero, Scaccia, Sinicropi, Western Suffolk, American Broadcasting, American Society, Argentieri, Asian American Legal Defense and Education Fund, Batten, Bellamy, Belth (2), Beyah, Boddie, Brownstone (3), Buffalo Teachers, Burtis, Carnevale (2), Carty, Chebere, Darnowski, Di Rose (3), Goyer, Grajales, Howard, John H., Johnson (2), Joint, Krauss, Laporte, Laveck, Mc Dermott, New York Teachers, New York Veterans, Pennington v.
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.
Substantial competitive injury would likely flow to submitting commercial entity if agency were to disclose cost confidential proprietary and pricing information, and project term sheet, which would unfairly benefit competitors, giving them an unfair competitive edge in the market place.
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.
Research Foundation of the State of New York, Hopkins, Hudson, Kalish, Kline, Laveck, Lee Enterprises, Legal Aid Society, Leeds, Maddux, Mc Andrew, Miller v. City of Saratoga Sprins, New York State Defenders, Norton (2), Perez, Powhida, Rochester Democrat and Chronicle, Schreier, Schein, Schuldiner, Shaw (3), C. Smith (3) and (4), Simpson, South Shore Press Inc., Steele, Todd (Minor & Major), Tri-State (2), URAC, West 41st Street, Wurster Almodovar, Barrett, Benedict, Bernstein, Boghosian, Carnevale (2), Chatham Towers, Inc. New York City of Management and Budget, Citizens for Alternatives, Concerned Citizens, Couch, Council of Regulated Adult Liquor Licenses, Daily Racing Form, Dickman, Fileccia, Held, Town of Hempstead, Irving, Jacoby, Jefferson, City of Kingston, Mc Kelvey, Moreno, Newton, New York Association, Pennington (2), Purcell, Reese, Robertson, Romero, Saxton, Taylor, Ubaldo, Vent, Wagstaffe v. Empire State Development Corporation, Wetzel, Yonamine Austin, Engels, General Electric, Grasso, Lawler, Leyton, Madera, Mc Crory, Mid-Boro, Morgan, Norton (1), Orange County, Rainbow News, City of Rye, Rye Police, Steele, United Policyholders, Town of Waterford, West Harlem, Williams, Empire Wine & Spirits, General Electric, Grace, James, Hoyer, Newcomer v.
State of New York, Office of the Attorney General, Morgan, Orange County, Smith v.Dinallo, Bahnken, Bello, Belth (1) and (2), Belth v. O'Keefe, Sunset, Syracuse & Oswego, Troy Sand & Gravel, Urbach, Verizon v. Teacher sought to enjoin District from disclosing any portion of settlement agreement pursuant to which charges of misconduct had been settled, citing lower court decision in La Rocca, which has since been modified.