|Submitted||July 15, 2015|
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To Whom It May Concern:
Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:
All investigatory reports (from 2014 through the date this request is processed) into unusual incidents or deaths that occurred at Fishkill Correctional Facility (18 Strack Drive, Beacon, New York 12508-0307). Please include reports for both incarcerated individuals and personnel.
This request is part of a journalistic investigation. This request is not being made for commercial purposes.
In the event that fees cannot be waived, 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.
Beryl C.D. Lipton
Dear Mr. Beryl C. D. Lipton:
The Dutchess County Medical Examiner's Office received a faxed transmission from you a MuckRock.com dated July 15, 2015 in which you requested records. I have conferred with the Dutchess County Attorney's Office in reference to your request and wish to inform you that your request is being denied base upon NY County Law 677 (3)(b) which provides that:
(b) Such records shall be open to inspection by the district attorney of the county. Upon application of the personal representative, spouse or next of kin of the deceased to the coroner or the medical examiner, a copy of the autopsy report, as described in subdivision two of this section shall be furnished to such applicant. Upon proper application of any person who is or may be affected in a civil or criminal action by the contents of the record of any investigation, or upon application of any person having a substantial interest therein, an order may be made by a court of record, or by a justice of the supreme court, that the record of that investigation be made available for his inspection, or that a transcript thereof be furnished to him, or both.
Dennis J. Chute, MD
Chief Medical Examiner
Dutchess County Medical Examiner
168 Washington St.
Poughkeepsie, NY 12601
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