Early COVID communications

ALEXANDER RICCIO filed this request with the Executive Chamber, FOIL Counsel & Records Access Officer of Albany, NY.
Tracking #

R000800-101023

Est. Completion Dec. 7, 2023
Status
Partially Completed

Communications

From: ALEXANDER RICCIO

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

Between the very beginning of March 1st, 2020, to the very end of March 5th, 2020:

The following, that are explicitly listed as available in the executive chamber data dictionary:
briefings, research, analyses, resource material, opinions, recommendations, reports, and correspondence, State Operations Directives, Governor’s Correspondence, Lieutenant Governor’s Correspondence.

As well as the following, should they be available, emails and other communications that are searchable but not otherwise included above.

This records search shall only include records pertaining to, created by, or mentioning, the following employees:
Melissa deRosa
Beth Garvey
Kelly Cummings
Abigail Barker
Dana Carotenuto
Stephanie Benton
Rich Azzopardi
Dani Lever
Jill DesRosiers
Peter Ajemian
Larry Schwartz
Thomas Feeney
Matthew Saal

As well as the following individuals who were identified in press conferences as special advisors or otherwise part of "the team", where records may exist from their interactions with the chamber and role as advisors:
Robert Mujica
Jim Malatras (SUNY)
Sherlita Amler, Westchester commissioner of public health
LAWRENCE E. EISENSTEIN, MD, MPH, FACP, Nassau county Commissioner of Health
Dr. Gregson H. Pigott, Suffolk county health Commissioner

Should that be too broad of a search, I request that you further narrow the search to only records pertaining to the then-beginning outbreak, which may have been referred to by many names, including:

"SARS", "SARS-COV-2", "SARS-nCOV-2019", "Coronavirus", "COVID", "COVID-19", "Wuhan Coronavirus", "Severe Acute Respiratory Syndrome", "2019-nCoV", "the virus", also, terms I would never personally use to describe it, like "Wuhan flu", "Chinese virus", or similar.

And/or including the terms:
"Respirator", "airborne", "aerosol", "n95", "filter", "ventilation", "precautionary", and "HVAC".

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

ALEXANDER RICCIO

From: Office of the Governor - New York

Dear Alexander Riccio:
This message acknowledges receipt of your request. Your request was received in this office on 10/10/2023 and given the reference number R000800-101023 for tracking purposes.
Records Requested: Between the very beginning of March 1st, 2020, to the very end of March 5th, 2020:
The following, that are explicitly listed as available in the executive chamber data dictionary:
briefings, research, analyses, resource material, opinions, recommendations, reports, and correspondence, State Operations Directives, Governor’s Correspondence, Lieutenant Governor’s Correspondence. As well as the following, should they be available, emails and other communications that are searchable but not otherwise included above.
This records search shall only include records pertaining to, created by, or mentioning, the following employees:
Melissa deRosa Beth Garvey Kelly Cummings Abigail Barker Dana Carotenuto Stephanie Benton Rich Azzopardi Dani Lever Jill DesRosiers Peter Ajemian Larry Schwartz Thomas Feeney Matthew Saal As well as the following individuals who were identified in press conferences as special advisors or otherwise part of "the team", where records may exist from their interactions with the chamber and role as advisors: Robert Mujica Jim Malatras (SUNY) Sherlita Amler, Westchester commissioner of public health LAWRENCE E. EISENSTEIN, MD, MPH, FACP, Nassau county Commissioner of Health Dr. Gregson H. Pigott, Suffolk county health Commissioner Should that be too broad of a search, I request that you further narrow the search to only records pertaining to the then-beginning outbreak, which may have been referred to by many names, including: "SARS", "SARS-COV-2", "SARS-nCOV-2019", "Coronavirus", "COVID", "COVID-19", "Wuhan Coronavirus", "Severe Acute Respiratory Syndrome", "2019-nCoV", "the virus", also, terms I would never personally use to describe it, like "Wuhan flu", "Chinese virus", or similar. And/or including the terms: "Respirator", "airborne", "aerosol", "n95", "filter", "ventilation", "precautionary", and "HVAC".
We will provide you with a status update on or before 11/8/2023.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.

New York State Executive Chamber Records Access Office

To monitor the progress or update this request please log into the Records Access Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HRWPRG2sxdIKUIwWceCMgRBlVg5p-2FnYg4qZFQNyxJCwLNCQP9sJmUSMc-2BumiwWJdgnvyhPdkpa2B-2FpOS01la19U-3D59HV_hjmwn92gTc8mAEQhE50XuJOr8jhPd-2BsvLa-2Blc7oZtj4p3nVDTrqVqrg9yU3vTeXTUd0u0bJ-2FA6D0OBUrn3RRRT-2FxbUJcTL6GD2-2B9HsNzdZjTqGuYzSr9Qvv2wT7ES54KPS6himzNnhzRp2HMx-2Bh13vpFiv7bbO813Gv0Hn0utYWCxd5YA631KffHsrbfZ-2FyguAFFMCrROPa74WxoZImR5Llhs8eC14VKXhrLsLD4dopoh19uC18WA2eIIDFmF-2FEXbMy0tNKfRLb2IcQ132VrzVWJvqSPOq4B6bB06m27VJGbA3Yh4wrJwFX1lkYFz5qYI4Xaq6BX8ZUjFkdrt7uTcMGyRrb1BVTGlHQ0sV6plTpXNxMfgbIVg653yCYuUfG-2F)

From: Executive Chamber, FOIL Counsel & Records Access Officer

--- Please respond above this line ---
RE: FOIL Records Request of October 10, 2023, Reference # R000800-101023 Dear Alexander Riccio, Please be advised that we require additional time to complete our response to your FOIL request dated October 10, 2023.  We will provide you with a status update on or before December 7, 2023, if we have not completed our response by then. Thank you for your courtesy in this matter. New York State Executive Chamber Records Access Office
To monitor the progress or update this request please log into the Records Access Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HRWPRG2sxdIKUIwWceCMgRATNQLVWAVk99vfz0SQF7wXebEcqjoJYhNxwl5PmKpsAeZa-2BYgmHY4ER4bcoEulcck-3D1cCM_hjmwn92gTc8mAEQhE50XuJOr8jhPd-2BsvLa-2Blc7oZtj4p3nVDTrqVqrg9yU3vTeXTUd0u0bJ-2FA6D0OBUrn3RRRcKP5K9UBv5bQJzLaWZT8-2BOXSxYub7iv6OYCIIlnj9viq2sOiOczrfqjQFT9-2BMb9a0H-2Bw71i7WnpDcgBd1ZVPWmQNORW6n8L7-2Fpsmq8aTRzH5Vb3lsP-2B9AskXMIPdlgv-2BQmKHxaWJVJSClNOQrqnpL4JIjb5in1vdkVCHJUFslYAgJgLKYKmXlhLsZPdvVYQizWQAzLb9kjZ7CmGoLYiw5qyKwRZTc-2BqRRaACWyxAToNFmb8PiPEWEIO9NafD9MFJp4uYiUCmoZyYUJi45CBj9C89BwCxQssmZd7x4s6iDacYcUB6dOSfPz0VtRlTsMP1w-3D-3D)

From: ALEXANDER RICCIO

In my prior dealings with city and state agency FOIL requests, I have seen agencies proffer dates as the expected completion date, only to further delay by 60 days on that date. More than one agency illegally repeated this more than half a dozen times.

Can I expect this FOIL request to actually be completed on or before December 7, 2023? If not, please provide an actual estimated completion date.

From: Executive Chamber, FOIL Counsel & Records Access Officer

--- Please respond above this line ---
RE: FOIL Records Request of October 10, 2023, Reference # R000800-101023 Dear Alexander Riccio, This letter responds to your Freedom of InformationLaw (“FOIL”) request dated October 10, 2023, in which you requested: Between the very beginning of March 1st, 2020, to the very end of March 5th, 2020:
The following, that are explicitly listed as available in the executive chamber data dictionary:
briefings, research, analyses, resource material, opinions, recommendations ,reports, and correspondence, State Operations Directives, Governor’s correspondence, Lieutenant Governor’s Correspondence. As well as the following, should they be available, emails and other communications that are searchable but not otherwise included above.
This records search shall only include records pertaining to, created by, or mentioning, the following employees:
Melissa de Rosa Beth Garvey Kelly Cummings Abigail Barker Dana Carotenuto Stephanie Benton Rich Azzopardi Dani Lever Jill DesRosiers Peter Ajemian Larry Schwartz Thomas Feeney Matthew Saal As well as the following individuals who were identified in press conferences as special advisors or otherwise part of" the team", where records may exist from their interactions with the chamber and role as advisors: Robert Mujica Jim Malatras (SUNY) Sherlita Amler, Westchester commissioner of public health LAWRENCE E. EISENSTEIN, MD, MPH,FACP, Nassau county Commissioner of Health Dr. Gregson H. Pigott, Suffolk county health Commissioner Should that be too broad of a search, I request that you further narrow the search to only records pertaining to the then-beginning outbreak, which may have been referred to by many names, including :"SARS", "SARS-COV-2", "SARS-nCOV-2019", "Coronavirus", "COVID", "COVID-19", "Wuhan Coronavirus" ,"Severe Acute Respiratory Syndrome", "2019-nCoV", "thevirus", also, terms I would never personally use to describe it, like "Wuhan flu", "Chinese virus", or similar. And/or including the terms: "Respirator", "airborne", "aerosol","n95", "filter", "ventilation", "precautionary", and "HVAC". To the extent your request is reasonably described, please be advised that responsive records are now available in the Records Access Center portal. Please log in to the Records Access Center at the following link to retrieve the responsive records. FOIL Records Request - R000800-101023 Additionally, please be advised that records that may respond to your request are exempt from disclosure, in part or in whole, pursuant to: Public Officers Law § 87(2)(a),which precludes access to records that are “specifically exempted from disclosure by state or federal statute,” via Civil Practice Law and Rules3101(c) and 4503(a) because they constitute attorney work product or confidential communications made between an attorney and his or her client; Public Officers Law § 87(2)(b) because, if disclosed, would “constitute an unwarranted invasion of personal privacy”; and Public Officers Law § 87(2)(g),because they constitute “inter-agency or intra-agency materials” which are not statistical or factual tabulations or data, instructions to staff that affect the public, final agency policy or determinations, or external audits. Please be further advised that the New York State Executive Chamber is not the custodian of records for the following individuals identified in your request: Robert Mujica, Jim Malatras, Sherlita Amler, Lawrence E. Eisenstein, and Gregson H. Pigott. Pursuant to Public Officers Law § 89(4)(a),you have thirty (30) days to take a written appeal of this determination. Youmay appeal by writing:  FOIL Appeals Officer, Executive Chamber, StateCapitol, Albany, New York, 12224. Sincerely, New York State ExecutiveChamber Records Access Office
To monitor the progress or update this request please log into the Records Access Center (https://u8387778.ct.sendgrid.net/ls/click?upn=6HtRfOYLt5fXvpttM-2FU1HRWPRG2sxdIKUIwWceCMgRATNQLVWAVk99vfz0SQF7wXebEcqjoJYhNxwl5PmKpsAeZa-2BYgmHY4ER4bcoEulcck-3DGa-V_hjmwn92gTc8mAEQhE50XuJOr8jhPd-2BsvLa-2Blc7oZtj4p3nVDTrqVqrg9yU3vTeXTUd0u0bJ-2FA6D0OBUrn3RRRZG-2BYa5-2F5htogX2UrYxNovXPoflqSLXNcHyHVRIxt7McTYUffwpcQoTzQrfWmlYR9on8nqtl-2ByxY-2BMlGpjdCR9W7sJK6mpOXIWYy99G1-2FkPlZk-2BrzRefn7DFaE0ku9hJTa7-2B0kBgFcE2a-2FTod9zkGrtOfGmynUjg1rBEokXDntPlb2J18d2ytuJBzzEdNRle5lRhFQdHfmvlAHMQaIF-2FvIXqKVHvXlKy9ZGFOo3qLWr1dm4aCXm1vaakIZwhIfPr66bh0Ps2-2F4-2FUddiM7PvNfpXC2ZAgfHknvX64R1kV8E-2BM)

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