Catherine Lapp's correspondence related to "swipers", Q1, 2005.

J Corado filed this request with the Metropolitan Transportation Authority (MTA), Headquarters of New York.
Due Dec. 5, 2018
Est. Completion None
Status
Awaiting Response

Communications

From: J Corado


To Whom It May Concern:

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

Emails sent or received by Katherine Lapp between January 1, 2005 and March 31, 2005, which contain one or more of the following non case-sensitive terms in the subject heading: "swipers", "swiper", "selling swipes" or "mattocks".

My request should not be construed to include duplicate copies of any document or message.

Please advise me of the appropriate time during normal business hours for inspecting these records prior to obtaining copies.

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,

Joy Corado

From: Metropolitan Transportation Authority (MTA), Headquarters

Good morning Ms. Corado,

Attached please find the MTA's acknowledgement to your recent FOIL requests.

Kindest regards,

Kimlyn Carby
Paralegal
[cid:image001.jpg@01D05045.75979BE0]
Office of the General Counsel
2 Broadway, C4.98 |New York, NY 10004
[cid:image002.jpg@01D05045.75979BE0]212-878-1039 | kcarby@mtahq.org<mailto:kcarby@mtahq.org>
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From: J Corado

Dear Records Access Appeals Officer

In late November 2018, I submitted four requests for email records containing certain keywords sent by or to Katherine Lapp, one request for each quarter of the year 2005.

This request was acknowledged by your office in a letter dated December 5, 2018. The letter estimated a response within sixty days, which is three time the normal statutory limit.

Since then, 434 business days have elapsed.

Your office has not responded to thirteen requests for updates over that time period.

My requests have been constructively denied.

I hereby appeal the denial.

Please explain why the requested information falls squarely within a FOIL exemption by articulating a particularized and specific justification for denying access, or provide access to the records, within ten business days as required by law.

Sincerely

Joy Corado

From: J Corado

Dear Records Access Appeals Officer

In late November 2018, I submitted a request for email records containing certain keywords sent by or to Katherine Lapp, for January 1-March 31, 2005.

This request was acknowledged by your office in a letter dated December 5, 2018. The letter estimated a response within sixty days, which is three times the normal statutory limit.

Since then, 552 business days have elapsed.

Your office has not responded to fourteen requests for updates over that time period.

My requests have been constructively denied.

I hereby appeal the denial.

Please explain why the requested information falls squarely within a FOIL exemption by articulating a particularized and specific justification for denying access, or provide access to the records, within ten business days as required by law.

Sincerely

Joy Corado

From: J Corado

Dear Records Access Officer,

In late November 2018, I submitted a request for email records containing certain keywords sent by or to Katherine Lapp, for January 1-March 31, 2005.

My request was constructively denied by your office’s failure to make a determination on my request after 552 business days, or even respond to fourteen requests for updates.

On March 1, 2021, I appealed the denial of my request in writing. The FOIL stature provides the MTA ten business days to respond to the appeal. That was more than 120 business days ago, and I have still received no response to my appeal.

Your office is out of compliance with the law.

This FOIL request is now more than one thousand days old.

Please respond to my appeal immediately, as required by law.

Sincerely

J Corado

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