Legal Opinion
Niagara Environmental Action v. City of Niagara Falls
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 1984PublishedCited by 9 opinions
1Opinion of the Court
Judgment unanimously modified, and as modified, affirmed, without costs, in accordance with the following memorandum: Respondent has not met its burden of proving that the requested materials are exempt under section 87 (subd 2, par [a]) of the Public Officers Law, and, therefore, Special Term properly granted petitioner access to said materials. An agency has the burden of proving that any materials requested under the Freedom of Information Law (Public Officers Law, art 6) are exempt from disclosure pursuant to subdivision 2 of section 87 (Public Officers Law, § 89, subd 4, par [b]; Matter…
2Cases cited5 opinions
- Church of Scientology of New York v. StateNew York Court of Appeals · 1979
- Miracle Mile Assoc v. YudelsonAppellate Division of the Supreme Court of the State of New York · 1979
- Doolan v. Board of Cooperative Educational ServicesNew York Court of Appeals · 1979
- Gannett Co. v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1977
- Gannett Co. v. County of MonroeNew York Court of Appeals · 1978
3Cited by9 opinions
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- Norton v. Town of IslipAppellate Division of the Supreme Court of the State of New York · 2005
- Hopkins v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1985
- Rome Sentinel Co. v. City of RomeAppellate Division of the Supreme Court of the State of New York · 1991
- Orange County Publications, Inc. v. County of OrangeNew York Supreme Court · 1995
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