ADA JI session materials
Submitted | Jan. 5, 2023 |
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Communications
From: Sam Mellins
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Material prepared and/or presented for the Judicial Institute's session on ADA accommodations on the morning of June 30, 2022.
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,
Sam Mellins
From: New York State Office of Court Administration
The Office of Court Administration acknowledges receipt of your FOIL request dated 1/5/23, seeking:
Material prepared and/or presented for the Judicial Institute's session on ADA accommodations on the morning of June 30, 2022.
Please be advised that judicial training materials fall within the intra/inter agency exemption (Public Officers Law § 87(2)(g)), as they consist of subjective materials, research, opinions, advice, and analysis of staff presented for discussion purposes. The discussion materials do not reflect final policy decisions, nor constitute final instructions to staff. Rather they reflect the subjective views, analysis, research, opinions, and recommendations of the author/presenter, to assist in a discussion and deliberation of the topics.
Additionally, they may reflect protecting privileged communications or work product of attorneys and would be exempt under Public Officers Law § 87(2)(a); CPLR § 3101(b), (c); CPLR § 4503.
Pursuant to Public Officers Law § 89(4)(a), you have thirty (30) days to take a written appeal of this determination. You may appeal by writing:
Nancy J. Barry, Chief of Operations
FOIL Appeals Officer
25 Beaver Street, 11th Floor
New York, NY 10004
Or, you may submit such appeal by email to: FOILappeal@nycourts.gov<mailto:FOILappeal@nycourts.gov>
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~WRD0395
From: Sam Mellins
Hello,
I am appealing this denial of my FOIL request. Material prepared and/or presented for the Judicial Institute's session on ADA accommodations is "instructions to staff that affect the public," as it affects how judges will respond to disabled New Yorkers who are asking the courts to accommodate their disabilities.
Accordingly, my FOIL request should be granted.
From: New York State Office of Court Administration
Please find attached OCA’s determination on your appeal of this FOIL matter.
Kind regards,
Michael Siudzinski
Assistant Deputy Counsel
NYS Office of Court Administration
25 Beaver Street
New York, NY 10004
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