AG representation declinations (Office of the Attorney General - New York)

Sam Mellins filed this request with the Office of the Attorney General - New York of New York.
Tracking #

G000600-090723

Multi Request AG representation declinations
Status
Rejected

Communications

From: Sam Mellins

To Whom It May Concern:

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

Records showing all instances since January 1, 2019, where the New York Attorney General has declined to represent a state agency in a court proceeding, including the reasons for such declination, if possible.

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: Office of the Attorney General - New York

Re: FOIL Request #G000600-090723

Dear Mr. Mellins:

This is an automated reply to your above-referenced FOIL request.  Please do not respond to this message.

Within five business days, you will receive a written acknowledgment of the receipt of your request with a statement of the approximate date when your request will be granted or denied.

New York State Office of the Attorney General

Please visit the NYS OAG FOIL Request Center to view frequently asked questions, submit a new request, or monitor request progress.  You may

From: Office of the Attorney General - New York

September 15, 2023
RE:  Freedom of Information Law (FOIL) Request Reference # G000600-090723
Dear Mr. Mellins:
Pursuant to Public Officers Law §89(3)(a), the Office of the Attorney General acknowledges receipt of the above-referenced FOIL request.
We are performing a diligent search for the records you request.  We will notify you of the status of your request on or before October 16, 2023.
If we should locate any documents that respond to your request, and if we provide them in electronic format, we will notify you of any fee in advance.  If we provide paper copies, we will also notify you of any fee in advance; for paper copies, the first five pages would be provided free of charge, and the cost for the remaining pages would be $.25 per page.
Sincerely,
Abisola Fatade
Assistant Attorney General

Please visit the NYS OAG FOIL Request Center to view frequently asked questions, monitor request progress, and submit future requests.
View this request in the My Request Center.

From: Office of the Attorney General - New York

October 17, 2023
RE:  Freedom of Information Law (FOIL) Request Reference # G000600-090723
Dear Mr. Mellins:
This email is in response to the above-referenced FOIL request.
The Office of the Attorney General has conducted a diligent search for the records that you have requested.
Please be advised that the records that respond to your request are exempt from disclosure and have been withheld pursuant to:
• Public Officers Law § 87(2)(a), which provides that records that are exempted from disclosure by state or federal statute are exempt from disclosure under FOIL.  The records constitute confidential communication[s] made between attorney and client, which is exempt from disclosure under Civil Practice Law and Rules § 4503(a).  See Morgan v. New York State Department of Environmental Conservation, 9 A.D.3d 586, 587 (3rd Dept. 2004); and • Public Officers Law § 87(2)(g), because the records are inter-agency or intra-agency materials. You have a right to appeal the foregoing decision.  If you elect to do so, you must appeal in writing, within 30 days, to Kathryn Sheingold, Records Appeals Officer.  Your appeal can be sent by email to FOIL.Appeals@ag.ny.gov or by mail to State of New York, Office of the Attorney General, Division of Appeals and Opinions, The Capitol, Albany, New York 12224.  You can reach the Records Appeals Officer by telephone at (518) 776-2009. Sincerely, Abisola Fatade Assistant Attorney General

Please visit the NYS OAG FOIL Request Center to view frequently asked questions, monitor request progress, and submit future requests.

From: Sam Mellins

Hello,

I am appealing the denial of my request. I would particularly like to note that enumeration of instances of the choice whether to represent a state agency is statistical or factual tabulations or data, and a final agency determination.

Thanks,
Sam Mellins

From: Office of the Attorney General - New York

Dear Mr. Mellins:

Please find my determination of your FOIL administrative appeal attached.

Sincerely,

Kathryn Sheingold
FOIL Appeals Officer
She|Her|Hers
New York State Office of the Attorney General
Bureau of Appeals & Opinions
The Capitol
Albany, NY 12224-0341
(518) 776-2049
FOIL.Appeals@ag.ny.gov<mailto:FOIL.Appeals@ag.ny.gov>

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