Communications regarding N95s and discussion of airborne coronavirus (New York State Department of Health)

ALEXANDER RICCIO filed this request with the New York State Department of Health of New York.
Tracking #

21-12-194

21-10-487

Multi Request Communications regarding N95s and discussion of airborne coronavirus
Est. Completion Feb. 4, 2022
Status
Withdrawn

Communications

From: ALEXANDER RICCIO

To Whom It May Concern:

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

I request internal deliberations, memos, and/or emails regarding or mentioning:

The use of N95s and/or elastomeric respirators by healthcare workers in New York, non-medical workers in New York, and/or the general public of New York. I recommend search terms like "N95", "P100", "OV/P100", "elastomeric", "respirator", and all plurals thereof.

I also request records of discussions, memos, or emails, over whether to include any such N95s and/or respirators in regulations, orders, public guidelines, or information distributed to the public.

I also request records of any discussions, memos, or emails which mention "aerosols", aerosol spread, "airborne", or airborne spread of the coronavirus. Also to include, discussions, debate, or decisions, regarding any uncertainty or controversy over the routes of coronavirus contagion, be it droplet, fomite, or airborne.

I also request records of any discussions, memos, or emails mentioning a "risk analysis" for exposure of the public to coronavirus.

I also request records of any discussions, memos, or emails regarding the spread of coronavirus at distances greater than 6 feet, or when no other individual is present.

I also request records of any discussions, memos, or emails regarding coronavirus contact tracing that involve distances greater than 6 feet, or close contact times less than 15 minutes.

I also request records of any discussions, memos, or emails of the role of ventilation and/or filtration in coronavirus mitigations. Also to include in search terms, "ionizer"/"ionizers", "CO2", and "carbon dioxide".

I also request records of any discussions, memos, or emails about the "precautionary principle".

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,

ALEXANDER RICCIO

From: New York State Department of Health

Good afternoon -

Attached is the Department of Health's response to your Freedom of Information Law (FOIL) request #21-10-487

Records Access Office
New York State Department of Health
Corning Tower, Rm 2364
Albany, NY 12237
P: (518) 474-8734
F: (518) 486-9144
Email: foil@health.ny.gov<mailto:foil@health.ny.gov>

[state]

From: ALEXANDER RICCIO

I included multiple specific search terms. Surely you are able to search your records en masse for them?

From: New York State Department of Health

Dear Alexander Riccio -

As stated in the response letter, for this Office to perform a diligent search for responsive records, you would need to provide a list of the specific Department of Health employees whose communications you are seeking. Absent this information, the requested records are not maintained in a manner which permits practical retrieval.

Rosemarie Hewig, Esq.
Associate Counsel / Records Access Officer
NYS Department of Health
Division of Legal Affairs
Corning Tower, Room 2354
Albany NY 12237-0026
Phone: 518-474-8734

[state]

From: ALEXANDER RICCIO

Are you able to assist in refining my request, or otherwise determine who to request information about, in any way?

From: New York State Department of Health

Feel free to contact me by phone at (518) 474-8734.

Rosemarie Hewig, Esq.
Associate Counsel / Records Access Officer
NYS Department of Health
Division of Legal Affairs
Corning Tower, Room 2354
Albany NY 12237-0026
Phone: 518-474-8734

[state]

From: ALEXANDER RICCIO

I prefer to keep this exchange in writing, is that ok? It is much easier to make sense of these things when they're kept together in a platform like muckrock.

From: New York State Department of Health

It will be difficult to discuss by email. I would prefer you contact me by phone.

Rosemarie Hewig, Esq.
Associate Counsel / Records Access Officer
NYS Department of Health
Division of Legal Affairs
Corning Tower, Room 2354
Albany NY 12237-0026
Phone: 518-474-8734

[state]

From: ALEXANDER RICCIO

I will see when I have time. Thanks.

From: ALEXANDER RICCIO

Does the NYSDOH use the Office 365 based email system that I hear the state has been transitioning to?

It appears that Microsoft has deployed a feature very recently that lets administration perform a cloud-wide keyword search for exactly this kind of requirement:

https://docs.microsoft.com/en-us/microsoft-365/compliance/content-search

From: New York State Department of Health

Please be advised, the Committee on Open Government has emphasized that FOIL is meant to be a tool that enables the public to seek existing records. It is not a vehicle for submitting questions to the Department. Questions and requests for general information, as opposed to specific sets of records, should be directed to program staff or to the public relations office.

Rosemarie Hewig, Esq.
Associate Counsel / Records Access Officer
NYS Department of Health
Division of Legal Affairs
Corning Tower, Room 2354
Albany NY 12237-0026
Phone: 518-474-8734

[state]

From: ALEXANDER RICCIO

For the record here on muckrock, and for my own note keeping, I had a nice brief conversation with Ms. Rosemarie Hewig, and she was very helpful with advice on narrowing my request down. There is currently *no action needed* by NYSDOH, until I amend my request. I will do so soon.

(An email will go out automatically to NYSDOH, you may disregard until I submit the required fixes)

From: New York State Department of Health

Dear Alexander Riccio -

Thank you for your email.

The New York State Department of Health responded to your FOIL request #21-10-487 by letter dated October 26, 2021, which was emailed to you to this email address. For your reference, a copy of the response letter is attached here.

Rosemarie Hewig, Esq.
Associate Counsel / Records Access Officer
NYS Department of Health
Division of Legal Affairs
Corning Tower, Room 2354
Albany NY 12237-0026
Phone: 518-474-8734

[state]

From: ALEXANDER RICCIO

Sorry, I have not forgotten about this, just busy, but did not disable automatic follow up by muckrock. I have now. I will let you know when I make the required corrections.

From: ALEXANDER RICCIO

Ok, would it work if I request that you link the search to the following people?

Howard Zucker (old commissioner)
Bill Schwartz (director of public affairs)
Sally Dreslin (Executive deputy commissioner)
Eugene heslin (first deputy commissioner)
Danielle Greene (chief of staff)
Gary Holmes (office of public affairs)
David Hernandez (health facilities management)
Bradley hutton (office of public health)
Anne schettine (office of quality and patient safety
Wilma alvardo-little (Office of minority health and health disparities prevention)
Celeste m Johnson, associate commisioner
Jill Montag (director of communications)
Eleanor Adams (special advisor to the commissioner of health)

From: New York State Department of Health

Good afternoon -

Please see the attached correspondence regarding your Freedom of Information Law (FOIL) request.

Records Access Office
New York State Department of Health
Corning Tower, Rm 2364
Albany, NY 12237
P: (518) 474-8734
F: (518) 486-9144
Email: foil@health.ny.gov<mailto:foil@health.ny.gov>

[state]

From: New York State Department of Health

Good afternoon -

Please see the attached correspondence regarding your Freedom of Information Law (FOIL) request.

Records Access Office
New York State Department of Health
Corning Tower, Rm 2364
Albany, NY 12237
P: (518) 474-8734
F: (518) 486-9144
Email: foil@health.ny.gov<mailto:foil@health.ny.gov>

[state]

From: New York State Department of Health

Dear Alexander Riccio:

I write regarding the above-referenced FOIL request, in which you seek various Department of Health correspondence. The Department's program area is in the process of locating and assembling documents that may be responsive to your request. However, the Records Access Office needs to clarify the request to ensure that we provide any and all responsive materials. Can you please provide a timeframe for your request?

Any clarification/specification would be greatly appreciated.

Thank you,
Records Access Office
New York State Department of Health
2364 Corning Tower, Albany, NY 12237
(518) 474-8734 | Fax (518) 486-9144
foil@health.ny.gov<mailto:foil@health.ny.gov>

From: ALEXANDER RICCIO

Fair enough. Howabout narrowing to January 1, 2019?
That should easily encompass most anything I'm looking for.

From: New York State Department of Health

Dear Alexander Riccio:

Attached please find the Department of Health's letter pertaining to the above-referenced request.
Regards,
Records Access Office
New York State Department of Health
2364 Corning Tower, Albany, NY 12237
(518) 474-8734 | Fax (518) 486-9144
foil@health.ny.gov<mailto:foil@health.ny.gov>

From: ALEXANDER RICCIO

There has been some kind of miscommunication... Apparently muckrock has decided on it's own to send my 1/18/2022 communication by mail. I intended to clarify asking for records to be narrowed to the time since January 1, 2019?

From: New York State Department of Health

Dear Alexander Riccio -

Thank you for your email.

Attached is a copy of the Department's October 26, 2021 response letter to your FOIL #21-10-487.

Please note, the reason for the denial of your request, as stated in the response letter:

Your FOIL request is denied pursuant to New York Public Officers Law § 89(3), as your request fails to reasonably describe the records you are seeking with sufficient detail to enable this Department to locate them. For this Office to perform a diligent search, you would need to provide a list of the specific Department of Health employees whose communications you are seeking. Absent this information, the requested records are not maintained in a manner which permits practical retrieval.

Thus, providing a date range for your request does not provide sufficient detail to enable the Department to locate the records you are requesting.

I hope this information is helpful to you.

Rosemarie Hewig, Esq.
Associate Counsel / Records Access Officer
NYS Department of Health
Division of Legal Affairs
Corning Tower, Room 2354
Albany NY 12237-0026
Phone: 518-474-8734

[state]

From: ALEXANDER RICCIO

I apologize if there has been some further miscommunication. On 12/08/2021, I had sent a response asking for the request to be narrowed to the following people:

Howard Zucker (old commissioner)
Bill Schwartz (director of public affairs)
Sally Dreslin (Executive deputy commissioner)
Eugene heslin (first deputy commissioner)
Danielle Greene (chief of staff)
Gary Holmes (office of public affairs)
David Hernandez (health facilities management)
Bradley hutton (office of public health)
Anne schettine (office of quality and patient safety
Wilma alvardo-little (Office of minority health and health disparities prevention)
Celeste m Johnson, associate commissioner
Jill Montag (director of communications)
Eleanor Adams (special advisor to the commissioner of health)

From: New York State Department of Health

Dear Alexander Riccio –

Thank you for your email.

Please be advised, your Freedom of Information Law (FOIL) request #21-10-487 was responded to and closed on October 26, 2021.

If you wish, you may submit a new FOIL request.

I hope this information is helpful to you.

Rosemarie Hewig, Esq.
Associate Counsel / Records Access Officer
NYS Department of Health
Division of Legal Affairs
Corning Tower, Room 2354
Albany NY 12237-0026
Phone: 518-474-8734

[state]

From: ALEXANDER RICCIO

I am not sure I understand, there may be some further miscommunication. We have corresponded on this request 1/6/2022, 1/11/2022, and 1/24/2022. Surely we wouldn't have been corresponding about clarification on a request that was already closed/rejected?

From: New York State Department of Health

Dear Alexander Riccio –

The request was closed. Attached is a copy of the October 26, 2021 response letter.

Rosemarie Hewig, Esq.
Associate Counsel / Records Access Officer
NYS Department of Health
Division of Legal Affairs
Corning Tower, Room 2354
Albany NY 12237-0026
Phone: 518-474-8734

[state]

From: ALEXANDER RICCIO

Something here is inconsistent. It appears my followup on December 8th 2021 and January 5, 2022, have been classified as FOIL #: 21-12-194, compared to the original, classified as FOIL #: 21-10-487.

Is it possible there has been some form of administrative mixup here?

If FOIL #: 21-12-194 is the correct designation, I had intended all of:

my 12/08/2021 communication
my attempted 01/18/2022 communication
my 01/22/2022 and 01/24/2022 communications

To apply to that request.

From: ALEXANDER RICCIO

Something here is inconsistent. It appears my followup on December 8th 2021 and January 5, 2022, have been classified as FOIL #: 21-12-194, compared to the original, classified as FOIL #: 21-10-487.

Is it possible there has been some form of administrative mixup here?

If FOIL #: 21-12-194 is the correct designation, I had intended all of:

my 12/08/2021 communication
my attempted 01/18/2022 communication
my 01/22/2022 and 01/24/2022 communications

To apply to that request.

From: New York State Department of Health

Yes, 21-12-194 is the correct FOIL number.

Thank you for clarifying. We will review your clarification correspondence and proceed accordingly.

Rosemarie Hewig, Esq.
Associate Counsel / Records Access Officer
NYS Department of Health
Division of Legal Affairs
Corning Tower, Room 2354
Albany NY 12237-0026
Phone: 518-474-8734

[state]

From: ALEXANDER RICCIO

Ok, if that works out, then you may ignore the new request that I attempted to open this morning (https://www.muckrock.com/foi/new-york-16/communications-regarding-n95s-and-discussion-of-airborne-coronavirus-redux-124379)

From: New York State Department of Health

Good Afternoon,

Attached you will find the NYS Department of Health's Extension letter for the above referenced matter.

Thank you

Records Access Office
New York State Department of Health
Corning Tower, Rm 2364
Albany, NY 12237
P: (518) 474-8734
F: (518) 486-9144
Email: foil@health.ny.gov<mailto:foil@health.ny.gov>

From: New York State Department of Health

Dear Alexander Riccio

In response to the fax that our office received today from MuckRock, please see the attached letter that was sent to you on March 14, 2022 via email at the following address: requests@muckrock.com<mailto:requests@muckrock.com>

If this email address is no longer valid, please provide a current email so that future correspondence will be able to reach you.
Regards,
Records Access Office
New York State Department of Health
2364 Corning Tower, Albany, NY 12237
(518) 474-8734 | Fax (518) 486-9144
foil@health.ny.gov<mailto:foil@health.ny.gov>

From: New York State Department of Health

Dear Alexander Riccio:

I write regarding the above-referenced FOIL request. The Department of Health's program area is in the process of locating and assembling documents that may be responsive to your request. Our office needs to further clarify the request because, as currently worded, it has generated an extremely large volume of correspondence - even with the timeframe that you provided. Can you please provide any additional means to narrow the various parts of your request?
This FOIL is very broad at the moment - any clarification/specification would be greatly appreciated.

Thank you.

Records Access Office
New York State Department of Health
2364 Corning Tower, Albany, NY 12237
(518) 474-8734 | Fax (518) 486-9144
foil@health.ny.gov<mailto:foil@health.ny.gov>

From: ALEXANDER RICCIO

If you drop the following, does that reduce the number of responsive documents enough?:

"risk analysis", spread of coronavirus at distances greater than 6 feet, coronavirus contact tracing that involve distances greater than 6 feet, or close contact times less than 15 minutes.

From: New York State Department of Health

Good Afternoon,

Attached you will find the NYS Department of Health's Extension letter for the above referenced matter.

Thank you

Records Access Office
New York State Department of Health
Corning Tower, Rm 2364
Albany, NY 12237
P: (518) 474-8734
F: (518) 486-9144
Email: foil@health.ny.gov<mailto:foil@health.ny.gov>

From: ALEXANDER RICCIO

Was that sufficient, or should I narrow it further?

From: ALEXANDER RICCIO

In my 5/14/2022 communication, I'd suggested dropping one of the search terms to reduce the number of responsive documents. I haven't heard back. Was that helpful?

From: ALEXANDER RICCIO

Muckrock is being, well, less than ideal. I don't know if I can trust that they've correctly passed on all communications from the FOIL office, so I apologize if I'm being redundant! I'd still like to continue using the platform though, since its very useful for organizing and recordkeeping for someone like me who does not do this full time.

In a communication on 5/14/2022 that muckrock sent to foil@health.state.ny.us I had attempted to suggest amending my request to drop the following clause, to reduce the number of responsive records:

"risk analysis", spread of coronavirus at distances greater than 6 feet, coronavirus contact tracing that involve distances greater than 6 feet, or close contact times less than 15 minutes.

...was that sufficient to reduce the number of records to a reasonable level?

From: New York State Department of Health

Good afternoon,

Unfortunately, removing those clauses did not sufficiently narrow the number of records. As it stands, there is still an extremely large volume of correspondence. Perhaps you can narrow your request to just a timeframe of a few specific months?

Records Access Office
New York State Department of Health
2364 Corning Tower, Albany, NY 12237
(518) 474-8734 | Fax (518) 486-9144
foil@health.ny.gov<mailto:foil@health.ny.gov>

From: ALEXANDER RICCIO

I do *greatly appreciate* your continued patience with me as I continue to try to narrow this down while still casting a wide net!

May I try giving up several more search terms before I request to narrow the timeframe? I can file separate requests for them in the future.

Here's what I'd like to try now: to remove the requests for the terms about n95s and other respirators. Given the crisis of supply early on, I suspect that might be the majority of the results.

The remaining search terms would be from these sections of my original request:

I also request records of any discussions, memos, or emails which mention "aerosols", aerosol spread, "airborne", or airborne spread of the coronavirus. Also to include, discussions, debate, or decisions, regarding any uncertainty or controversy over the routes of coronavirus contagion, be it droplet, fomite, or airborne.

I also request records of any discussions, memos, or emails mentioning a "risk analysis" for exposure of the public to coronavirus.

I also request records of any discussions, memos, or emails of the role of ventilation and/or filtration in coronavirus mitigations. Also to include in search terms, "ionizer"/"ionizers", "CO2", and "carbon dioxide".

I also request records of any discussions, memos, or emails about the "precautionary principle".

From: New York State Department of Health

Good Afternoon,

Attached you will find the NYS Department of Health's Extension letter for the above referenced matter.

Thank you

Records Access Office
New York State Department of Health
Corning Tower, Rm 2364
Albany, NY 12237
P: (518) 474-8734
F: (518) 486-9144
Email: foil@health.ny.gov<mailto:foil@health.ny.gov>

From: ALEXANDER RICCIO

I would be alright for now with further narrowing such that it only requests records mention "aerosols", "aerosol", "airborne", in context of COVID (aka, SARS-CoV-2), if this would make it feasible to review and release them.

Of course, you may only search the aforementioned names for them, which I will copy and paste below:
Howard Zucker (old commissioner)
Bill Schwartz (director of public affairs)
Sally Dreslin (Executive deputy commissioner)
Eugene heslin (first deputy commissioner)
Danielle Greene (chief of staff)
Gary Holmes (office of public affairs)
David Hernandez (health facilities management)
Bradley hutton (office of public health)
Anne schettine (office of quality and patient safety
Wilma alvardo-little (Office of minority health and health disparities prevention)
Celeste m Johnson, associate commissioner
Jill Montag (director of communications)
Eleanor Adams (special advisor to the commissioner of health)

And you may include only records since December 1, 2019.

From: New York State Department of Health

Dear Alexander Riccio

Attached please find the Department of Health's letter pertaining to the above-referenced request.
Thank you,
Records Access Office
New York State Department of Health
2364 Corning Tower, Albany, NY 12237
(518) 474-8734 | foil@health.ny.gov<mailto:foil@health.ny.gov>

From: New York State Department of Health

Good afternoon,

This FOIL request continues to generate an extremely large volume of records, despite the portions of your request that have been removed. Can you please provide specific/unique phrases, and more narrow timeframes, etc. to narrow your request?

This FOIL continues to be very broad at the moment – any clarification/specification would be greatly appreciated.

Thank you.
<mailto:yana.dushko@health.ny.gov>

Thank you.

Records Access Office

New York State Department of Health

Corning Tower, Rm 2364

Albany, NY 12237

P: (518) 474-8734

F: (518) 486-9144

Email: foil@health.ny.gov<mailto:foil@health.ny.gov>

From: ALEXANDER RICCIO

Are you using only the three words that I suggested in my 8/23/2022 communication? If you're adding on something else (like "COVID") I had intended that as a narrowing phrase in the event the search returned large numbers of non-covid related records.

To be clear, I'm suggesting three separate searches, one for each word, "aerosols", "aerosol", "airborne".

If you're already doing that, can you tell me how many records each person/name is returning? That will allow me to judge which might be best to exclude.

From: New York State Department of Health

Dear Alexander Riccio:

Attached please find the Department of Health's response to the above-referenced request.
Thank you,
Records Access Office
New York State Department of Health
2364 Corning Tower, Albany, NY 12237
(518) 474-8734 | foil@health.ny.gov<mailto:foil@health.ny.gov>

From: ALEXANDER RICCIO

I'm disappointed to hear my 8/23/2022 communication was not received by the department. I'm not entirely sure why, but such things do happen. Understandably, without the full text of the communication, the request would indeed be overbroad. I'd like to appeal this, with the following copy of the text in my 8/23/2022 communication:

I would be alright for now with further narrowing such that it only requests records mention "aerosols", "aerosol", "airborne", in context of COVID (aka, SARS-CoV-2), if this would make it feasible to review and release them.

Of course, you may only search the aforementioned names for them, which I will copy and paste below:
Howard Zucker (old commissioner)
Bill Schwartz (director of public affairs)
Sally Dreslin (Executive deputy commissioner)
Eugene heslin (first deputy commissioner)
Danielle Greene (chief of staff)
Gary Holmes (office of public affairs)
David Hernandez (health facilities management)
Bradley hutton (office of public health)
Anne schettine (office of quality and patient safety
Wilma alvardo-little (Office of minority health and health disparities prevention)
Celeste m Johnson, associate commissioner
Jill Montag (director of communications)
Eleanor Adams (special advisor to the commissioner of health)

And you may include only records since December 1, 2019.

From: New York State Department of Health

None

From: New York State Department of Health

Dear Alexander Riccio:

Attached please find the Department of Health's response to the above-referenced request.
Thank you,
Records Access Office
New York State Department of Health
2364 Corning Tower, Albany, NY 12237
(518) 474-8734 | foil@health.ny.gov<mailto:foil@health.ny.gov>

From: ALEXANDER RICCIO

Ok, I will have to find the time to figure out how to narrow requests properly at a later date. In any event, I encourage you to check to see what may have happened with my 8/23/2022 communication. I will paste the full text of the raw email with headers below:

Content-Type: multipart/alternative;
boundary="===============0012474055872084589=="
MIME-Version: 1.0
Subject: RE: New York Freedom of Information Law Request #21-12-194
From: "requests@muckrock.com"
<requests@muckrock.com>
To: rosemarie.Hewig@health.ny.gov
Date: Tue, 23 Aug 2022 16:26:00 -0000
Message-ID:
<166127196058.53.3019767584816179424@0510e625-b64d-44d9-93bb-7b40740167e0.prvt.dyno.rt.heroku.com>

--===============0012474055872084589==
Content-Type: text/plain; charset="utf-8"
MIME-Version: 1.0
Content-Transfer-Encoding: 7bit

New York State Department of Health
FOIL Office
Room 2364
Corning Tower
Albany, NY 12237-0044

August 23, 2022

This is a follow up to request number 21-12-194:

I would be alright for now with further narrowing such that it only requests records mention "aerosols", "aerosol", "airborne", in context of COVID (aka, SARS-CoV-2), if this would make it feasible to review and release them.

Of course, you may only search the aforementioned names for them, which I will copy and paste below:
Howard Zucker (old commissioner)
Bill Schwartz (director of public affairs)
Sally Dreslin (Executive deputy commissioner)
Eugene heslin (first deputy commissioner)
Danielle Greene (chief of staff)
Gary Holmes (office of public affairs)
David Hernandez (health facilities management)
Bradley hutton (office of public health)
Anne schettine (office of quality and patient safety
Wilma alvardo-little (Office of minority health and health disparities prevention)
Celeste m Johnson, associate commissioner
Jill Montag (director of communications)
Eleanor Adams (special advisor to the commissioner of health)

And you may include only records since December 1, 2019.

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 120492
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

---

On July 21, 2022:
Subject: FOIL #: 21-12-194
Good Afternoon,

Attached you will find the NYS Department of Health's Extension letter for the above referenced matter.

Thank you

Records Access Office
New York State Department of Health
Corning Tower, Rm 2364
Albany, NY 12237
P: (518) 474-8734
F: (518) 486-9144
Email: foil@health.ny.gov<mailto:foil@health.ny.gov>
---

On July 20, 2022:
Subject: RE: New York Freedom of Information Law Request #21-12-194
I do *greatly appreciate* your continued patience with me as I continue to try to narrow this down while still casting a wide net!

May I try giving up several more search terms before I request to narrow the timeframe? I can file separate requests for them in the future.

Here's what I'd like to try now: to remove the requests for the terms about n95s and other respirators. Given the crisis of supply early on, I suspect that might be the majority of the results.

The remaining search terms would be from these sections of my original request:

I also request records of any discussions, memos, or emails which mention "aerosols", aerosol spread, "airborne", or airborne spread of the coronavirus. Also to include, discussions, debate, or decisions, regarding any uncertainty or controversy over the routes of coronavirus contagion, be it droplet, fomite, or airborne.

I also request records of any discussions, memos, or emails mentioning a "risk analysis" for exposure of the public to coronavirus.

I also request records of any discussions, memos, or emails of the role of ventilation and/or filtration in coronavirus mitigations. Also to include in search terms, "ionizer"/"ionizers", "CO2", and "carbon dioxide".

I also request records of any discussions, memos, or emails about the "precautionary principle".
---

On July 18, 2022:
Subject: RE: New York Freedom of Information Law Request #21-12-194
Good afternoon,

Unfortunately, removing those clauses did not sufficiently narrow the number of records. As it stands, there is still an extremely large volume of correspondence. Perhaps you can narrow your request to just a timeframe of a few specific months?

Records Access Office
New York State Department of Health
2364 Corning Tower, Albany, NY 12237
(518) 474-8734 | Fax (518) 486-9144
foil@health.ny.gov<mailto:foil@health.ny.gov>

---

On July 15, 2022:
Subject: RE: New York Freedom of Information Law Request #21-12-194
Muckrock is being, well, less than ideal. I don't know if I can trust that they've correctly passed on all communications from the FOIL office, so I apologize if I'm being redundant! I'd still like to continue using the platform though, since its very useful for organizing and recordkeeping for someone like me who does not do this full time.

In a communication on 5/14/2022 that muckrock sent to foil@health.state.ny.us I had attempted to suggest amending my request to drop the following clause, to reduce the number of responsive records:

"risk analysis", spread of coronavirus at distances greater than 6 feet, coronavirus contact tracing that involve distances greater than 6 feet, or close contact times less than 15 minutes.

...was that sufficient to reduce the number of records to a reasonable level?
---

On June 24, 2022:
Subject: RE: New York Freedom of Information Law Request #21-12-194
In my 5/14/2022 communication, I'd suggested dropping one of the search terms to reduce the number of responsive documents. I haven't heard back. Was that helpful?
---

On Oct. 22, 2021:
Subject: New York Freedom of Information Law Request: Communications regarding N95s and discussion of airborne coronavirus (New York State Department of Health)
To Whom It May Concern:

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

I request internal deliberations, memos, and/or emails regarding or mentioning:

The use of N95s and/or elastomeric respirators by healthcare workers in New York, non-medical workers in New York, and/or the general public of New York. I recommend search terms like "N95", "P100", "OV/P100", "elastomeric", "respirator", and all plurals thereof.

I also request records of discussions, memos, or emails, over whether to include any such N95s and/or respirators in regulations, orders, public guidelines, or information distributed to the public.

I also request records of any discussions, memos, or emails which mention "aerosols", aerosol spread, "airborne", or airborne spread of the coronavirus. Also to include, discussions, debate, or decisions, regarding any uncertainty or controversy over the routes of coronavirus contagion, be it droplet, fomite, or airborne.

I also request records of any discussions, memos, or emails mentioning a "risk analysis" for exposure of the public to coronavirus.

I also request records of any discussions, memos, or emails regarding the spread of coronavirus at distances greater than 6 feet, or when no other individual is present.

I also request records of any discussions, memos, or emails regarding coronavirus contact tracing that involve distances greater than 6 feet, or close contact times less than 15 minutes.

I also request records of any discussions, memos, or emails of the role of ventilation and/or filtration in coronavirus mitigations. Also to include in search terms, "ionizer"/"ionizers", "CO2", and "carbon dioxide".

I also request records of any discussions, memos, or emails about the "precautionary principle".

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,

ALEXANDER RICCIO

View request history, upload responsive documents, and report problems here:
https://www.muckrock.com/

If prompted for a passcode, please enter:
••••••••

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com

PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 120492
263 Huntington Ave
Boston, MA 02115

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.

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<p><br>New York State Department of Health<br>FOIL Office<br>Room 2364<br>Corning Tower<br>Albany, NY 12237-0044</p>

<p>August 23, 2022</p>

<p>This is a follow up to request number 21-12-194:</p>

<p>I would be alright for now with further narrowing such that it only requests records mention &quot;aerosols&quot;, &quot;aerosol&quot;, &quot;airborne&quot;, in context of COVID (aka, SARS-CoV-2), if this would make it feasible to review and release them. </p>

<p>Of course, you may only search the aforementioned names for them, which I will copy and paste below:<br>Howard Zucker (old commissioner)<br>Bill Schwartz (director of public affairs)<br>Sally Dreslin (Executive deputy commissioner)<br>Eugene heslin (first deputy commissioner)<br>Danielle Greene (chief of staff)<br>Gary Holmes (office of public affairs)<br>David Hernandez (health facilities management)<br>Bradley hutton (office of public health)<br>Anne schettine (office of quality and patient safety<br>Wilma alvardo-little (Office of minority health and health disparities prevention)<br>Celeste m Johnson, associate commissioner<br>Jill Montag (director of communications)<br>Eleanor Adams (special advisor to the commissioner of health)</p>

<p>And you may include only records since December 1, 2019.</p>

<p>View request history, upload responsive documents, and report problems here:<br>https://www.muckrock.com/

<p>If prompted for a passcode, please enter:<br>••••••••</p>

<p>Filed via MuckRock.com<br>E-mail (Preferred): requests@muckrock.com</p>

<p>PLEASE NOTE OUR NEW ADDRESS<br>For mailed responses, please address (see note):<br>MuckRock News<br>DEPT MR 120492<br>263 Huntington Ave<br>Boston, MA 02115</p>

<p>PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester&#x27;s name rather than &quot;MuckRock News&quot; and the department number) requests might be returned as undeliverable.</p>

<p>---</p>

<p>On July 21, 2022:<br>Subject: FOIL #: 21-12-194<br>Good Afternoon,</p>

<p>Attached you will find the NYS Department of Health&#x27;s Extension letter for the above referenced matter.</p>

<p>Thank you</p>

<p>Records Access Office<br>New York State Department of Health<br>Corning Tower, Rm 2364<br>Albany, NY 12237<br>P: (518) 474-8734<br>F: (518) 486-9144<br>Email: foil@health.ny.gov&lt;mailto:foil@health.ny.gov&gt;<br>---</p>

<p>On July 20, 2022:<br>Subject: RE: New York Freedom of Information Law Request #21-12-194<br>I do *greatly appreciate* your continued patience with me as I continue to try to narrow this down while still casting a wide net!</p>

<p>May I try giving up several more search terms before I request to narrow the timeframe? I can file separate requests for them in the future.</p>

<p>Here&#x27;s what I&#x27;d like to try now: to remove the requests for the terms about n95s and other respirators. Given the crisis of supply early on, I suspect that might be the majority of the results.</p>

<p>The remaining search terms would be from these sections of my original request:</p>

<p>I also request records of any discussions, memos, or emails which mention &quot;aerosols&quot;, aerosol spread, &quot;airborne&quot;, or airborne spread of the coronavirus. Also to include, discussions, debate, or decisions, regarding any uncertainty or controversy over the routes of coronavirus contagion, be it droplet, fomite, or airborne.</p>

<p>I also request records of any discussions, memos, or emails mentioning a &quot;risk analysis&quot; for exposure of the public to coronavirus.</p>

<p>I also request records of any discussions, memos, or emails of the role of ventilation and/or filtration in coronavirus mitigations. Also to include in search terms, &quot;ionizer&quot;/&quot;ionizers&quot;, &quot;CO2&quot;, and &quot;carbon dioxide&quot;.</p>

<p>I also request records of any discussions, memos, or emails about the &quot;precautionary principle&quot;.<br>---</p>

<p>On July 18, 2022:<br>Subject: RE: New York Freedom of Information Law Request #21-12-194<br>Good afternoon,</p>

<p>Unfortunately, removing those clauses did not sufficiently narrow the number of records. As it stands, there is still an extremely large volume of correspondence. Perhaps you can narrow your request to just a timeframe of a few specific months?</p>

<p>Records Access Office<br>New York State Department of Health<br>2364 Corning Tower, Albany, NY 12237<br>(518) 474-8734 | Fax (518) 486-9144<br>foil@health.ny.gov&lt;mailto:foil@health.ny.gov&gt;</p>

<p>---</p>

<p>On July 15, 2022:<br>Subject: RE: New York Freedom of Information Law Request #21-12-194<br>Muckrock is being, well, less than ideal. I don&#x27;t know if I can trust that they&#x27;ve correctly passed on all communications from the FOIL office, so I apologize if I&#x27;m being redundant! I&#x27;d still like to continue using the platform though, since its very useful for organizing and recordkeeping for someone like me who does not do this full time.</p>

<p>In a communication on 5/14/2022 that muckrock sent to foil@health.state.ny.us I had attempted to suggest amending my request to drop the following clause, to reduce the number of responsive records:</p>

<p>&quot;risk analysis&quot;, spread of coronavirus at distances greater than 6 feet, coronavirus contact tracing that involve distances greater than 6 feet, or close contact times less than 15 minutes.</p>

<p>...was that sufficient to reduce the number of records to a reasonable level?<br>---</p>

<p>On June 24, 2022:<br>Subject: RE: New York Freedom of Information Law Request #21-12-194<br>In my 5/14/2022 communication, I&#x27;d suggested dropping one of the search terms to reduce the number of responsive documents. I haven&#x27;t heard back. Was that helpful?<br>---</p>

<p>On Oct. 22, 2021:<br>Subject: New York Freedom of Information Law Request: Communications regarding N95s and discussion of airborne coronavirus (New York State Department of Health)<br>To Whom It May Concern:</p>

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

<p>I request internal deliberations, memos, and/or emails regarding or mentioning:</p>

<p>The use of N95s and/or elastomeric respirators by healthcare workers in New York, non-medical workers in New York, and/or the general public of New York. I recommend search terms like &quot;N95&quot;, &quot;P100&quot;, &quot;OV/P100&quot;, &quot;elastomeric&quot;, &quot;respirator&quot;, and all plurals thereof.</p>

<p>I also request records of discussions, memos, or emails, over whether to include any such N95s and/or respirators in regulations, orders, public guidelines, or information distributed to the public.</p>

<p>I also request records of any discussions, memos, or emails which mention &quot;aerosols&quot;, aerosol spread, &quot;airborne&quot;, or airborne spread of the coronavirus. Also to include, discussions, debate, or decisions, regarding any uncertainty or controversy over the routes of coronavirus contagion, be it droplet, fomite, or airborne.</p>

<p>I also request records of any discussions, memos, or emails mentioning a &quot;risk analysis&quot; for exposure of the public to coronavirus.</p>

<p>I also request records of any discussions, memos, or emails regarding the spread of coronavirus at distances greater than 6 feet, or when no other individual is present.</p>

<p>I also request records of any discussions, memos, or emails regarding coronavirus contact tracing that involve distances greater than 6 feet, or close contact times less than 15 minutes.</p>

<p>I also request records of any discussions, memos, or emails of the role of ventilation and/or filtration in coronavirus mitigations. Also to include in search terms, &quot;ionizer&quot;/&quot;ionizers&quot;, &quot;CO2&quot;, and &quot;carbon dioxide&quot;.</p>

<p>I also request records of any discussions, memos, or emails about the &quot;precautionary principle&quot;.</p>

<p>The requested documents will be made available to the general public, and this request is not being made for commercial purposes.</p>

<p>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.</p>

<p>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.</p>

<p>Sincerely,</p>

<p>ALEXANDER RICCIO</p>

<p>View request history, upload responsive documents, and report problems here:<br>https://www.muckrock.com/

<p>If prompted for a passcode, please enter:<br>••••••••</p>

<p>Filed via MuckRock.com<br>E-mail (Preferred): requests@muckrock.com</p>

<p>PLEASE NOTE OUR NEW ADDRESS<br>For mailed responses, please address (see note):<br>MuckRock News<br>DEPT MR 120492<br>263 Huntington Ave<br>Boston, MA 02115</p>

<p>PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester&#x27;s name rather than &quot;MuckRock News&quot; and the department number) requests might be returned as undeliverable.</p>

<p></p>
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