DASNY's Role in the Development of New York's Cannabis Marketplace
| Tracking # |
F-23-106 |
| Submitted | July 7, 2023 |
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Communications
From: Jackson Parker
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Pursuant to the New York State Freedom of Information Law (FOIL), Article 6 of the Public Officers Law, I am requesting access to and copies of records related to the Dormitory Authority of the State of New York's (DASNY) role in the development of the state's cannabis marketplace, specifically the Conditional Adult-Use Retail Dispensary (CAURD) program and the Cannabis Social Equity Investment Fund.
The specific records I seek include, but are not limited to:
1. The number of DASNY staff members allocated to the CAURD program or cannabis-related activities.
2. The portion of DASNY's budget allocated to the cannabis program.
3. Updated figures on the expenditure of the state's $50 million pledge for the CAURD program.
4. Details of the $5 million loan program announced in June 2023, including its source of funding.
5. The updated term sheet for Social Equity Impact Ventures' involvement in the Cannabis Social Equity Investment Fund, including details of the management fee.
6. All communications, contracts, and agreements related to the selection of Chicago Atlantic as the investor for the Cannabis Social Equity Investment Fund.
7. Any records related to the questions listed in the article "The questions DASNY will not answer about NY cannabis" published on Syracuse.com.
Please note that according to the New York State Archives' General Retention and Disposition Schedule for New York State Government Records (LGS-01), many of these records should be retained and available for public access.
If any of the requested records are not available or are exempt from disclosure, please provide a detailed explanation for each individual record denied or redacted, citing the specific statutory exemption(s) you believe justify the refusal to release the information.
I look forward to your prompt response within five business days, as required by law.
Thank you for your attention to this matter.
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,
Jackson Parker
From: Muckrock Staff
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 July 7, 2023. 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.
From: New York State Dormitory Authority
Good afternoon,
Please see the attached in response to your FOIL request.
Thank you,
DASNY (FOIL)
DASNY | We Finance, Build and Deliver.
515 Broadway, Albany, NY 12207
(518) 257-3000 (office) | (518) 257-3387 (fax)
www.dasny.org<http://www.dasny.org/> | foil@dasny.org<mailto:foil@dasny.org>
This electronic message, including any attachments to it, is intended to be viewed only by the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, or if you have received this communication in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Any retention, dissemination, distribution or copying of this communication without our prior written permission is strictly prohibited.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on July 7, 2023. You previously indicated that it would be completed on Aug. 11, 2023. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #F-23-106.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on July 7, 2023. You had previously indicated that it would be completed on Aug. 11, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #F-23-106.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Dormitory Authority
Good afternoon,
Please see the attached in response to your FOIL request.
Thank you,
DASNY (FOIL)
DASNY | We Finance, Build and Deliver.
515 Broadway, Albany, NY 12207
(518) 257-3000 (office) | (518) 257-3387 (fax)
www.dasny.org<http://www.dasny.org/> | foil@dasny.org<mailto:foil@dasny.org>
This electronic message, including any attachments to it, is intended to be viewed only by the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, or if you have received this communication in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Any retention, dissemination, distribution or copying of this communication without our prior written permission is strictly prohibited.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on July 7, 2023. You had previously indicated that it would be completed on Sept. 11, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #F-23-106.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Dormitory Authority
Good afternoon,
Please see the attached in response to your FOIL request.
Thank you,
DASNY (FOIL)
DASNY | We Finance, Build and Deliver.
515 Broadway, Albany, NY 12207
(518) 257-3000 (office) | (518) 257-3387 (fax)
www.dasny.org<http://www.dasny.org/> | foil@dasny.org<mailto:foil@dasny.org>
This electronic message, including any attachments to it, is intended to be viewed only by the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, or if you have received this communication in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Any retention, dissemination, distribution or copying of this communication without our prior written permission is strictly prohibited.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on July 7, 2023. You had previously indicated that it would be completed on Oct. 10, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #F-23-106.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Dormitory Authority
Good afternoon,
Please see the attached in response to your FOIL request.
Thank you,
DASNY (FOIL)
DASNY | We Finance, Build and Deliver.
515 Broadway, Albany, NY 12207
(518) 257-3000 (office) | (518) 257-3387 (fax)
www.dasny.org<http://www.dasny.org/> | foil@dasny.org<mailto:foil@dasny.org>
This electronic message, including any attachments to it, is intended to be viewed only by the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, or if you have received this communication in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Any retention, dissemination, distribution or copying of this communication without our prior written permission is strictly prohibited.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on July 7, 2023. You had previously indicated that it would be completed on Nov. 8, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #F-23-106.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Dormitory Authority
Good morning,
Please see the attached in response to your FOIL request.
Thank you,
DASNY (FOIL)
DASNY | We Finance, Build and Deliver.
515 Broadway, Albany, NY 12207
(518) 257-3000 (office) | (518) 257-3387 (fax)
www.dasny.org<http://www.dasny.org/> | foil@dasny.org<mailto:foil@dasny.org>
This electronic message, including any attachments to it, is intended to be viewed only by the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, or if you have received this communication in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Any retention, dissemination, distribution or copying of this communication without our prior written permission is strictly prohibited.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on July 7, 2023. You had previously indicated that it would be completed on Dec. 11, 2023. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #F-23-106.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Dormitory Authority
Good afternoon,
Please see the attached in response to your FOIL request.
Thank you,
DASNY (FOIL)
DASNY | We Finance, Build and Deliver.
515 Broadway, Albany, NY 12207
(518) 257-3000 (office) | (518) 257-3387 (fax)
www.dasny.org<http://www.dasny.org/> | foil@dasny.org<mailto:foil@dasny.org>
This electronic message, including any attachments to it, is intended to be viewed only by the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, or if you have received this communication in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Any retention, dissemination, distribution or copying of this communication without our prior written permission is strictly prohibited.
From: Jackson Parker
I am writing to appeal the response to my FOIL request (Tracking #F-23-106), submitted on 7/7/2023, regarding “DASNY’s role in the Development of the State’s Cannabis Market, the CAURD Program and the Cannabis Social Equity Investment Fund” The response, dated 12/11/2023, fails to comply with the New York State Freedom of Information Law (Public Officers Law, §§ 84-90).
The response provided is incomplete and excessively redacted, which is inconsistent with the principles of FOIL. Notably, Public Officers Law §87(2) mandates that agencies must provide access to all existing records unless explicitly exempt, and §89(3) requires a clear explanation for any redaction or denial of information.
Case Law References:
1. Matter of Forsyth v. City of Rochester: Demonstrates that blanket redactions are not permissible under FOIL (See Forsyth v. City of Rochester).
2. Jacobson v. Ithaca City School District: Discusses the obligation to produce records and award attorney’s fees in FOIL proceedings (See Jacobson v. Ithaca City School District).
3. Time Warner Cable News NY1 v. New York City Police Department: Addresses the burden of reviewing and editing footage for FOIL requests (See Time Warner Cable News NY1 v. NYPD).
The provided documents, particularly all executed agreements, communication related to the agreements, records from the date of receipt to the date responded (at least 5 months), appendices referenced in the agreements, original agreements - not just the amended and restated agreement provided, and documents related to selection of providers; are excessively redacted, including section headings, which is not justified under the law. The response also fails to include specific information requested, such as the original agreements and appendices.
Furthermore, the claim that the program’s development status exempts the agency from providing existing documents is unfounded. There is no legal basis for withholding documents based on their internal status.
I hereby request a review and a complete response, including all originally requested documents, in compliance with the FOIL. The redactions should be minimized and justified as per the law, and all relevant documents, including those created or received between the date of my initial request and the date of your response, should be provided.
Thank you for your attention to this appeal. I look forward to a timely and favorable resolution in accordance with the New York State Freedom of Information Law.
From: New York State Dormitory Authority
Good afternoon,
Please see the attached in response to your FOIL Appeal.
Thank you,
DASNY (FOIL)
DASNY | We Finance, Build and Deliver.
515 Broadway, Albany, NY 12207
(518) 257-3000 (office) | (518) 257-3387 (fax)
www.dasny.org<http://www.dasny.org/> | foil@dasny.org<mailto:foil@dasny.org>
This electronic message, including any attachments to it, is intended to be viewed only by the individual or entity to whom it is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, or if you have received this communication in error, please notify us immediately by return e-mail and delete the original message and any copies of it from your computer system. Any retention, dissemination, distribution or copying of this communication without our prior written permission is strictly prohibited.
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