|Multi Request||Cayuga Power Plant|
|Submitted||May 29, 2019|
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To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
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.
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on May 29, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
Dear Mr. Golden,
This email addresses your May 29, 2019, FOIL request. The Freedom of Information Law (“FOIL”) and the Committee on Open Government make clear that records sought in a FOIL request must be “reasonably described.” (Public Officers Law §89(3)). In an August 20, 2012, advisory opinion, the Committee found it to be an “unreasonable burden … to require an agency to review perhaps thousands of individual records in order to identify those portions of such records that are required to be made available.” https://docs.dos.ny.gov/coog/ftext/2013/18949.html.
In this instance, your request is extremely broad, as you seek:
All emails sent to, received from or copied with any of the domains "lansingtown.com<http://lansingtown.com>", "cornell.edu<http://cornell.edu>", "ithaca.edu<http://ithaca.edu>", or "tompkins-co.org<http://tompkins-co.org>" between the January 1, 2019 and the receipt of this request.
You have provided insufficient detail to allow us to search a narrower subset than the entire population of records of approximately 500 ESD employees over a broad period of time.
Therefore, Empire State Development finds that your request is not “reasonably described.” Accordingly, we will not be able to respond to your request as submitted. Please feel free to resubmit your request with a clarified scope to permit us to conduct a diligent search for responsive records.
Pursuant to Public Officers Law §89(4)(a), you have thirty (30) days to appeal this determination. An appeal of any portion of this determination should be directed to Empire State Development’s appeals officer, New York State Urban Development Corporation d/b/a Empire State Development, 633 Third Avenue, 37th Floor, New York, NY 10017, FOILAppeal@esd.ny.gov<mailto:FOILAppeal@esd.ny.gov>.
Kindly confirm receipt of this email. Thank you.
Records Access Officer