Catherine Lapp's correspondence related to "swipers", Q4, 2005.

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 October 1, 2005 and December 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

Dear FOIL Records Officer,

I am writing to inquire about the status of my four distinct requests for Catherine Lapp's correspondence related to "swipers" for four distinct time periods. The four requests were acknowledged by your office with a single omnibus letter of acknowledgement on December 5, 2018. Your message of that date indicated an anticipated 60 business days to review and determine responsive records. I have received no response to fourteen subsequent requests for updates.

I again request an update on my requests, in addition to the official request numbers assigned by your office to the four requests made almost one year ago.

Sincerely

Joy 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

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, between October 1-December 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

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 October 1 - December 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