Correspondance

matthew lean filed this request with the Empire State Development of New York.
Tracking # 2179
Status
Rejected

Communications

From: matthew lean

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

All email correspondence between employees of Empire State Development that contain the email address "matthew.lean@gmail.com" or ("Lean" AND "FOIL") in the subject header of the email or in the email body text itself. In addition, please provide all email correspondence by employees of Empire State Development that precede or follow emails that contain the word the email address "matthew.lean@gmail.com" or ( “Lean” AND "FOIL") in the subject header or the email or in the email body text itself in a thread.

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,

matthew lean

From: esd.sm.foil

Dear Mr. Lean,

ESD is in receipt of the attached FOIL request seeking access to certain records of the New York State Urban Development Corporation ("UDC") doing business as Empire State Development ("ESD").

ESD is considering your requests in accordance with the Freedom of Information Law (Public Officers law, Section 84 et seq.) and its rules concerning access to the records of the Corporation. ESD will notify you of the results of its search for responsive documents within twenty (20) business days.

Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

IMPORTANT: This e-mail message and any attachments contain information intended for the exclusive use of the individual(s) or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please immediately notify the sender by electronic mail or notify the System Administrator by telephone (518)292-5180 or e-mail (administrator@esd.ny.gov) and delete the message. Thank you.

From: esd.sm.foil

Dear Mr. Lean,

Please be advised that your request for email correspondence as described in your FOIL Request does not contain a time period. In order for ESD to conduct searches for these records, a date-range MUST be included. Please provide this information at your earliest convenience. If we do not receive a response from you within ten (10) business days of this email, your FOIL request will be considered withdrawn.

Thank you.

From: matthew lean

The time period for inquiry should be January 15, 2015 thru April 15, 2017

From: esd.sm.foil

Dear Mr. Lean,
I write in response to your April 11, 2017 FOIL request for:
“…All email correspondence between employees of Empire State Development that contain the email address "matthew.lean@gmail.com<mailto:matthew.lean@gmail.com>" or ("Lean" AND "FOIL") in the subject header of the email or in the email body text itself. In addition, please provide all email correspondence by employees of Empire State Development that precede or follow emails that contain the word the email address "matthew.lean@gmail.com<mailto:matthew.lean@gmail.com>" or ( “Lean” AND "FOIL") in the subject header or the email or in the email body text itself in a thread.”
Clarified on April 24, 2017 to include the following time period:
“January 15, 2015 thru April 15, 2017”
To the extent that your request is reasonably described, records responsive to your request are exempt from disclosure pursuant to section 87, subsection 2, subdivision (g) of FOIL, as they are “inter-agency or intra-agency materials which are not (i) statistical or factual tabulations or data; (ii) instructions to staff that affect the public; (iii) final agency policy or determination; (iv) external audits, including but not limited to audits performed by the comptroller of the federal government.”
The appeals officer to whom you may direct an appeal of any portion of this determination is Julene Beckford, Associate Counsel of New York State Urban Development Corporation d/b/a Empire State Development, 633 Third Avenue, 37th Floor, New York, NY 10017.
Kindly confirm receipt of this email.

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