classification

Sam Mellins filed this request with the New York State Office of Court Administration of New York.
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:

the most recent report or study detailing classification standards prepared by the classification unit.

These records are subject to FOIL per OCA's list of FOIL subject material available at https://www.nycourts.gov/LegacyPDFS/Foil/Foil-subjectMatter-List.pdf

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 11/16/22, seeking:

the most recent report or study detailing classification standards prepared by the classification unit.

We have begun to process your request and we will provide you with a status update on or before December 19, 2022.

From: New York State Office of Court Administration

This e-mail responds to your correspondence dated 11/16/22 which pursuant to FOIL, requested:

the most recent report or study detailing classification standards prepared by the classification unit.
Records that respond to your request are exempt from disclosure because they constitute "inter-agency or intra-agency materials" which are not: statistical or factual tabulations or data; instructions to staff that affect the public; final agency policy or determinations; or external audits. Public Officers Law § 87(2)(g). Additionally, please be advised that portions of the records that respond to your request are exempt from disclosure pursuant to Public Officers Law § 87(2)(b) because, if disclosed, would "constitute an unwarranted invasion of personal privacy." Therefore, your request is denied.

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>

From: Sam Mellins

Hello,

I am appealing this denial of my FOIL request. Classification standards are "instructions to staff that affect the public," as they are determinative or what information can be made available to the public and what cannot. They are also self-evidently "final agency policy or determinations," as they are the final word on what types of material are classified and which are not.

Accordingly, my FOIL request should be granted.

Thank you,
Sam Mellins
Senior Reporter, New York Focus
347-843-5028
Sam@nysfocus.com

From: New York State Office of Court Administration

Hi Sam Mellins. Please be advised that your appeal is being reviewed and a determination is being prepared. However, due to recent holiday break we’re currently behind on processing FOIL appeals, but hope to issue a determination in the next 5 business days.

Our sincere apologies for the delay.
Best,

Michael Siudzinski
Assistant Deputy Counsel

From: New York State Office of Court Administration

Please find attached a copy of OCA’s determination on your FOIL appeal below.

Kind regards,

Michael Siudzinski
Assistant Deputy Counsel

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