Erie County Contracts with Ellicott Development

Robert Galbraith filed this request with the Department of Purchasing of Erie County, NY.
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Completed

Communications

From: Robert Galbraith

Dear Ms. Cornelius:

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request a copy in Adobe Acrobat or other electronic form, of all records or portions thereof pertaining to, or containing the following:

1. Any and all contracts between Erie County and Ellicott Development or any of its subsidiaries in effect or executed between April 2013 and the present.

I understand that there is a fee of $0.25 per page for duplication of the records requested, and if the records are unavailable in electronic form, I prefer to receive them in hard copy. As this information will be released to the general public, I ask that you waive any duplication fees.

As you know, the Freedom of Information Law requires that an agency respond to a request within five (5) business days of receipt of such request. Therefore, I would appreciate a response as soon as possible.

If for any reason any portion of my request is denied, please inform me of the reason or reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.

Thank you for your assistance in this matter; I look forward to hearing from you shortly.

Sincerely,

Robert Galbraith

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on June 29, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Toth, Jeremy

I am trying to respond to a FOIL request sent on June 29, 2015. Is this email getting to the correct person?

--
Jeremy Toth | Second Assistant County Attorney
Erie County | Department of Law
95 Franklin St., 1634 | Buffalo, NY 14202
P:(716) 858-2204 | F:(716) 858-2281
Jeremy.Toth@erie.gov<mailto:Jeremy.Toth@erie.gov> | http://www.erie.gov

This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity they are addressed to. The information contained in this e-mail and any files transmitted with it is information protected by the attorney-client and/or attorney/work product privilege. It is intended only for the use of the individual(s) named above and the privileges are not waived by virtue of this having been sent by electronic transmission. If the person actually receiving this e-mail or any other reader of this e-mail is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, forwarding or copying of any part of the message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by return e-mail and delete it from your system. Unauthorized use of this material is strictly prohibited and may be unlawful.

From: MuckRock

Hello Mr. Toth,

Any communications regarding the following public records request should be sent to requests@muckrock.com.

Thank you.

From: Toth, Jeremy

I am having trouble understanding who I am speaking with. Erie County does not have a Ms. Cornelius. Furthermore, the Division of Purchasing informs me that they have no contracts with Ellicott Development. That does not necessarily mean none exist, but none exist in that department. If you could give me more information I may be able to point you in the right direction.

Also, for convenience, FOIL requests may be sent directly to individual departments via

http://www2.erie.gov/exec/index.php?q=freedom-information-law

--
Jeremy Toth | Second Assistant County Attorney
Erie County | Department of Law
95 Franklin St., 1634 | Buffalo, NY 14202
P:(716) 858-2204 | F:(716) 858-2281
Jeremy.Toth@erie.gov<mailto:Jeremy.Toth@erie.gov> | http://www.erie.gov

This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity they are addressed to. The information contained in this e-mail and any files transmitted with it is information protected by the attorney-client and/or attorney/work product privilege. It is intended only for the use of the individual(s) named above and the privileges are not waived by virtue of this having been sent by electronic transmission. If the person actually receiving this e-mail or any other reader of this e-mail is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, forwarding or copying of any part of the message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by return e-mail and delete it from your system. Unauthorized use of this material is strictly prohibited and may be unlawful.

From: Robert Galbraith

Sorry for the confusion, Mr. Toth.

The Erie County website list of FOIL officers (http://www2.erie.gov/exec/index.php?q=erie-county-department-foil-officer-contact-information) names a Ms. Marilyn Cornelius as the records access officer for the Department of Purchasing.

I am looking for the contracts that various Erie County agencies have with Ellicott Development, mainly leases, but any other contracts they may have as well. I assumed that they all would have gone through the Department of Purchasing. Is there one department where I could submit a request (the county executive's office or the budget department perhaps) in order to access these contracts or do I need to FOIL each county department separately?

Thanks for your help.

Sincerely,

Robert Galbraith

From: Robert Galbraith

Sorry for the confusion, Mr. Toth.

The Erie County website list of FOIL officers (http://www2.erie.gov/exec/index.php?q=erie-county-department-foil-officer-contact-information) names a Ms. Marilyn Cornelius as the records access officer for the Department of Purchasing.

I am looking for the contracts that various Erie County agencies have with Ellicott Development, mainly leases, but any other contracts they may have as well. I assumed that they all would have gone through the Department of Purchasing. Is there one department where I could submit a request (the county executive's office or the budget department perhaps) in order to access these contracts or do I need to FOIL each county department separately?

Thanks for your help.

Sincerely,

Robert Galbraith

From: Toth, Jeremy

The division of purchase has nothing, but they wouldn’t have leases. They would have contracts where we would buy staplers and paper and furniture, etc. My office should have all of the leases. I am in litigation so I don’t know exactly how leases are organized. Ill discuss with lawyers in General Counsel and see if we can pull all leases where Ellicott Development is the landlord. Ill get back to you as soon as I know.

--
Jeremy Toth | Second Assistant County Attorney
Erie County | Department of Law
95 Franklin St., 1634 | Buffalo, NY 14202
P:(716) 858-2204 | F:(716) 858-2281
Jeremy.Toth@erie.gov<mailto:Jeremy.Toth@erie.gov> | http://www.erie.gov

This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity they are addressed to. The information contained in this e-mail and any files transmitted with it is information protected by the attorney-client and/or attorney/work product privilege. It is intended only for the use of the individual(s) named above and the privileges are not waived by virtue of this having been sent by electronic transmission. If the person actually receiving this e-mail or any other reader of this e-mail is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, forwarding or copying of any part of the message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by return e-mail and delete it from your system. Unauthorized use of this material is strictly prohibited and may be unlawful.

From: Toth, Jeremy

In response to your FOIL request, attached please find Erie County Contract 10-798-EC with Ellicott Development Co. for the lease of parking lot spaces in connection with Erie Community College. This contract expired 5/31/13. You may wish to contact ECC directly to determine whether there was further extensions.

We have been unable to find any other contracts or leases between the County and Ellicott Development. If you have something particular in mind or if you think there is something we are missing please let me know. You may also send a FOIL request to individual departments through the Erie County web site.

--
Jeremy Toth | Second Assistant County Attorney
Erie County | Department of Law
95 Franklin St., 1634 | Buffalo, NY 14202
P:(716) 858-2204 | F:(716) 858-2281
Jeremy.Toth@erie.gov<mailto:Jeremy.Toth@erie.gov> | http://www.erie.gov

This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity they are addressed to. The information contained in this e-mail and any files transmitted with it is information protected by the attorney-client and/or attorney/work product privilege. It is intended only for the use of the individual(s) named above and the privileges are not waived by virtue of this having been sent by electronic transmission. If the person actually receiving this e-mail or any other reader of this e-mail is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, forwarding or copying of any part of the message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by return e-mail and delete it from your system. Unauthorized use of this material is strictly prohibited and may be unlawful.

From: Robert Galbraith

Thanks for sending this along so quickly, Jeremy. I will follow up with ECC.

Other leases that I'm looking for include those between Ellicott Development and the Erie County Department of Social Services, the Erie County Fiscal Stability Authority, and the Erie County Water Authority.

The lessor may not be listed as Ellicott Development on the leases, but rather a subsidiary LLC (Mohawk Group LLC, 10 Ellicott Square Court Corp, etc.). A list of all the Ellicott Development subsidiaries that I know of is available online at: http://littlesis.org/list/921/Carl_Paladino%27s_LLCs

Thanks again for your assistance. I'll follow up with each of the agencies I listed above as well.

Sincerely,

Robert Galbraith

From: Toth, Jeremy

I will see what we have under Mohawk group. It becomes burdensome to search our files under the lessor name but I will see what our system allows. You may want to redirect your FOIL request directly to the Department of Social Services through the Erie County web site. That may save some time here. Also, the Erie County Water Authority and the Erie County Fiscal Stability Authority are separate legal entities from the County. You will have to contact them directly.

--
Jeremy Toth | Second Assistant County Attorney
Erie County | Department of Law
95 Franklin St., 1634 | Buffalo, NY 14202
P:(716) 858-2204 | F:(716) 858-2281
Jeremy.Toth@erie.gov<mailto:Jeremy.Toth@erie.gov> | http://www.erie.gov

This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity they are addressed to. The information contained in this e-mail and any files transmitted with it is information protected by the attorney-client and/or attorney/work product privilege. It is intended only for the use of the individual(s) named above and the privileges are not waived by virtue of this having been sent by electronic transmission. If the person actually receiving this e-mail or any other reader of this e-mail is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, forwarding or copying of any part of the message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by return e-mail and delete it from your system. Unauthorized use of this material is strictly prohibited and may be unlawful.

From: Robert Galbraith

Thanks again. I did submit FOILs to each agency directly after getting your response on Monday. I appreciate your help in finding the best way to obtain these records.

Robert Galbraith

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