Early COVID communications
| Tracking # |
23-10-104 RICCIO_DOH_20231005221542968 |
| Submitted | Oct. 5, 2023 |
| Due | Oct. 13, 2023 |
| Est. Completion | May 22, 2024 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: ALEXANDER RICCIO
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Between the very beginning of March 3rd, 2020, to the very end of March 4th, 2020:
The following, that are explicitly listed as available in the NYSDOH data dictionary:
Executive Memoranda
Information Bulletins
Agenda and/or minutes of councils, boards, and committees
Memoranda of Understanding
As well as the following, should they be available, emails and other communications that are searchable but not otherwise included above.
This records search shall only include records pertaining to, created by, or mentioning, the following employees:
Howard Zucker (old commissioner)
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)
Dan Kuhles (director, bureau of communicable disease control)
Emily Lutterloh (director, bureau of healthcare associated infections)
Should that be too broad of a search, I request that you further narrow the search to only records pertaining to the then-beginning outbreak, which may have been referred to by many names, including "SARS", "SARS-COV-2", "SARS-nCOV-2019", "Coronavirus", "COVID", "COVID-19", "Wuhan Coronavirus", "Severe Acute Respiratory Syndrome", "2019-nCoV", "the virus", also, terms I would never personally use to describe it, like "Wuhan flu", "Chinese virus", or similar.
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
Email
Thank you for submitting your FOIL request through Open FOIL NY.
Here is your Open FOIL NY confirmation information for future reference:
RICCIO_DOH_20231005221542968
INFORMATION SUBMITTED:
Records Requested From
Department of Health
Short Title
Early COVID communications
Description
To Whom It May Concern:Pursuant to the New York Freedom of Information Law, I hereby request the following records:Between the very beginning of March 3rd, 2020, to the very end of March 4th, 2020:The following, that are explicitly listed as available in the NYSDOH data dictionary:Executive MemorandaInformation BulletinsAgenda and/or minutes of councils, boards, and committeesMemoranda of UnderstandingAs well as the following, should they be available, emails and other communications that are searchable but not otherwise included above.This records search shall only include records pertaining to, created by, or mentioning, the following employees:Howard Zucker (old commissioner)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 safetyWilma Alvardo-little (Office of minority health and health disparities prevention)Celeste M Johnson, associate commissionerJill Montag (director of communications)Eleanor Adams (special advisor to the commissioner of health)Dan Kuhles (director, bureau of communicable disease control)Emily Lutterloh (director, bureau of healthcare associated infections)Should that be too broad of a search, I request that you further narrow the search to only records pertaining to the then-beginning outbreak, which may have been referred to by many names, including "SARS", "SARS-COV-2", "SARS-nCOV-2019", "Coronavirus", "COVID", "COVID-19", "Wuhan Coronavirus", "Severe Acute Respiratory Syndrome", "2019-nCoV", "the virus", also, terms I would never personally use to describe it, like "Wuhan flu", "Chinese virus", or similar.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 RICCIOUpload documents directly: https://www.muckrock.com/
Uploaded Files
FOIL Response Format
Email
If fees apply, please contact me if costs will be greater than
$25
Your FOIL request has been forwarded to the organization(s) you selected, and the respective Records Access Officer will contact you directly for further processing of your request. Please allow up to five business days for such communication(s). For your convenience, here is additional contact information:
Department of Health
Corning Tower
Room 2364
Albany, NY 12237-0044
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]
-
image001
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 Oct. 5, 2023. Please let me know when I can expect to receive a response. You had assigned it reference number #23-10-104.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Department of Health
Greetings,
Kindly see the attached correspondence and records from the New York State Department of Health in regards to the above-referenced FOIL request.
Regards,
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
Does the agency still intend to complete the request by January 12, 2024?
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 Oct. 5, 2023. You had previously indicated that it would be completed on Jan. 12, 2024. 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 #23-10-104.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Department of Health
Good Afternoon,
Kindly see the attached extension letter from the New York State Department of Health in regards to the above-referenced FOIL request.
Regards,
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
From: ALEXANDER RICCIO
On November 6, 2023, New York State Department of Health indicated that the response was likely to be complete by January 12, 2024. This was the department's own estimate.
On January 04, 2024, I sent the following communication:
"Does the agency still intend to complete the request by January 12, 2024?". I received no direct response to this communication.
On January 12, 2024, at approximately 6AM, MuckRock sent the following communication on my behalf:
"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 Oct. 5, 2023. You had previously indicated that it would be completed on Jan. 12, 2024. 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 #23-10-104.
Thanks for your help, and let me know if further clarification is needed."
Just before 10AM that day, the day of the deadline, the agency sent a communication indicating that my request would not be completed until March 20, 2024.
At no point before the deadline did the agency inform me that there was some new and unforeseen factor which might delay the production of records in a way that is (again) unforeseeable before the date of the deadline. This is even after one prior extension and multiple inquiries about the status of the request.
I appeal on grounds of constructive denial.
State agencies have every right to take reasonable amounts of time to process and respond to FOIL requests.
They even, as the courts have ruled in Gannett Satellite Info. Network, LLC v. N.Y. State Thruway Auth, have a right to delay repeatedly in the event that the volume of FOIL requests is large, given that the delay is reasonable.
Later in the case of Empire Center for Public Policy v. New York State Department of Health, the courts denied the right of this agency to repeatedly delay the response to a more straightforward request. In that case, it was many months before the request was fulfilled, each time with the request delayed by the same cookie cutter period.
On MuckRock, the current average response time for a request to NYSDOH is 140 days.
It boggles my mind to think that anybody in the agency might honestly be so unfamiliar with the process that they would be off in their estimate by 6 months or more.
My guess is that this request will take at least 6 months to fulfill.
I am not challenging the right of an agency to take a long time to respond. However, by failing to give the date by which in reality the agency is *actually* likely to produce responsive records, I am deprived of my right to appeal that deadline until after it has been broken.
I am seeking a deadline by which the agency is highly likely, in its honest and intelligent judgment, to complete the request.
From: ALEXANDER RICCIO
I sent an appeal on 01/17/2024 attempting to appeal this on grounds of constructive denial. I have not received any response. Please update me.
From: New York State Department of Health
Mr. Riccio,
Please be advised that I cannot locate a copy of your 1/17/24 appeal of this FOIL. The original request was assigned to a staff member who is no longer with this office. I have reassigned the FOIL to myself and will respond by the current due date of 3/20/24.
Please advise me at this email directly if you would still like me to forward this to our FOIL Appeals Attorney.
Thank you, and apologies for the delay.
--David
David J. Harvey
Director and Records Access Officer
Records Access Office | Division of Legal Affairs
New York State Department of Health
2364 Corning Tower, Albany, NY 12237
(P) 518-486-6861 | (F) 518-486-9144 | david.harvey@health.ny.gov<mailto:david.harvey@health.ny.gov>
www.health.ny.gov<http://www.health.ny.gov/>
Sometimes things get lost in translation via e-mail, you are welcome to call me should you have any questions or concerns.
CONFIDENTIALITY NOTICE: This message is intended solely for the designated recipient(s) and may contain confidential information which is legally privileged and protected by law from disclosure. If you are not an intended recipient, any disclosure, copying, use, or distribution of the information included in this e-mail and any attachment(s) is strictly prohibited.
If you received this communication in error, please notify the sender by reply e-mail and immediately and permanently delete this e-mail.
From: ALEXANDER RICCIO
I will include the full raw source code for the 1/17/2024 communication (with auth codes and passcodes removed) at the end of this if it is helpful finding why this got lost in the weeds.
If it is likely the request will be complete by 3/20/24, then I do not need to proceed with an appeal, and you can disregard my appeal request!
Thanks for following up on something which a prior employee didn't finish!
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MIME-Version: 1.0
Subject: RE: New York Freedom of Information Law Request #23-10-104
From: "requests@muckrock.com"
<requests@muckrock.com>
To: foil@health.ny.gov
Date: Wed, 17 Jan 2024 23:54:28 -0000
Message-ID:
<170553566835.50.10390250280901460601@a91238b2-c261-4480-9ee2-421ad4483f10.prvt.dyno.rt.heroku.com>
--===============4172381454596307087==
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MIME-Version: 1.0
Content-Transfer-Encoding: quoted-printable
NY State Dept. of Health
Records Access Appeals Officer
Room 2364
Corning Tower
Albany, NY 12237-0044
January 17, 2024
This is a follow up to request number 23-10-104:
On November 6, 2023, New York State Department of Health indicated that the=
response was likely to be complete by January 12, 2024. This was the depar=
tment's own estimate.
On January 04, 2024, I sent the following communication:
"Does the agency still intend to complete the request by January 12, 2024?"=
. I received no direct response to this communication.
On January 12, 2024, at approximately 6AM, MuckRock sent the following comm=
unication on my behalf:
"To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law reque=
st, copied below, and originally submitted on Oct. 5, 2023. You had previou=
sly indicated that it would be completed on Jan. 12, 2024. I wanted to chec=
k on the status of my request, and to see if there was a new estimated comp=
letion date. You had assigned it reference number #23-10-104.
Thanks for your help, and let me know if further clarification is needed."
Just before 10AM that day, the day of the deadline, the agency sent a commu=
nication indicating that my request would not be completed until March 20, =
2024.
At no point before the deadline did the agency inform me that there was som=
e new and unforeseen factor which might delay the production of records in =
a way that is (again) unforeseeable before the date of the deadline. This i=
s even after one prior extension and multiple inquiries about the status of=
the request.
I appeal on grounds of constructive denial.
State agencies have every right to take reasonable amounts of time to proce=
ss and respond to FOIL requests.
They even, as the courts have ruled in Gannett Satellite Info. Network, LLC=
v. N.Y. State Thruway Auth, have a right to delay repeatedly in the event =
that the volume of FOIL requests is large, given that the delay is reasonab=
le.
Later in the case of Empire Center for Public Policy v. New York State Depa=
rtment of Health, the courts denied the right of this agency to repeatedly =
delay the response to a more straightforward request. In that case, it was =
many months before the request was fulfilled, each time with the request de=
layed by the same cookie cutter period.
On MuckRock, the current average response time for a request to NYSDOH is 1=
40 days.
It boggles my mind to think that anybody in the agency might honestly be so=
unfamiliar with the process that they would be off in their estimate by 6 =
months or more.
My guess is that this request will take at least 6 months to fulfill.
I am not challenging the right of an agency to take a long time to respond.=
However, by failing to give the date by which in reality the agency is *ac=
tually* likely to produce responsive records, I am deprived of my right to =
appeal that deadline until after it has been broken.
I am seeking a deadline by which the agency is highly likely, in its honest=
and intelligent judgment, to complete the request.
View request history, see one related attachment, upload responsive documen=
ts, and report problems here:
https://www.muckrock.com/
rock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252F=
new-york-state-department-health-4384%252Fearly-covid-communications-152866=
%252F%253Femail%253Dfoil%252540health.ny.gov&url_auth_token=3DAAAdRzX8ru6EX=
-17hVMaEygpuG4%3A1rQFjn%3AgfMSmOSkwxx4tJkWX087BJ9ZxV1LfJRcX07t-hfieAI
If prompted for a passcode, please enter:
••••••••
Attachments:
=E2=80=A2 23-10-104 Extension Letter 1-12-24
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 152866
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is b=
eing sent through MuckRock by the above in order to better track, share, an=
d 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 Jan. 12, 2024:
Subject: FOIL # 23-10-104
Good Afternoon,
Kindly see the attached extension letter from the New York State Department=
of Health in regards to the above-referenced FOIL request.
Regards,
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
---
On Jan. 4, 2024:
Subject: RE: New York Freedom of Information Law Request #23-10-104
Does the agency still intend to complete the request by January 12, 2024?
---
On Nov. 6, 2023:
Subject: FOIL #: 23-10-104
Greetings,
Kindly see the attached correspondence and records from the New York =
State Department of Health in regards to the above-referenced FOIL request.
Regards,
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 Oct. 6, 2023:
Subject: FOIL # 23-10-104
Good afternoon -
Please see the attached correspondence regarding your Freedom of Informatio=
n 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]
---
On Oct. 5, 2023:
Subject: FOIL Request Confirmation from Open FOIL NY
Email =20
=20
=20
=20
=20
=20
=20
Thank you for submitting your FOIL request through Open FOIL NY.=20
=20
Here is your Open FOIL NY confirmation information for future reference:=20
RICCIO_DOH_20231005221542968=20
INFORMATION SUBMITTED: =20
=20
Records Requested From =20
Department of Health=20
=20
Short Title =20
Early COVID communications=20
=20
Description =20
To Whom It May Concern:Pursuant to the New York Freedom of Information Law=
, I hereby request the following records:Between the very beginning of Marc=
h 3rd, 2020, to the very end of March 4th, 2020:The following, that are exp=
licitly listed as available in the NYSDOH data dictionary:Executive Memoran=
daInformation BulletinsAgenda and/or minutes of councils, boards, and commi=
tteesMemoranda of UnderstandingAs well as the following, should they be ava=
ilable, emails and other communications that are searchable but not otherwi=
se included above.This records search shall only include records pertaining=
to, created by, or mentioning, the following employees:Howard Zucker (old =
commissioner)Sally Dreslin (Executive deputy commissioner)Eugene heslin (fi=
rst deputy commissioner)Danielle Greene (chief of staff)Gary Holmes (office=
of public affairs)David Hernandez (health facilities management)Bradley Hu=
tton (office of public health)Anne Schettine (office of quality and patient=
safetyWilma Alvardo-little (Office of minority health and health dispariti=
es prevention)Celeste M Johnson, associate commissionerJill Montag (directo=
r of communications)Eleanor Adams (special advisor to the commissioner of h=
ealth)Dan Kuhles (director, bureau of communicable disease control)Emily Lu=
tterloh (director, bureau of healthcare associated infections)Should that b=
e too broad of a search, I request that you further narrow the search to on=
ly records pertaining to the then-beginning outbreak, which may have been r=
eferred to by many names, including "SARS", "SARS-COV-2", "SARS-nCOV-2019",=
"Coronavirus", "COVID", "COVID-19", "Wuhan Coronavirus", "Severe Acute Res=
piratory Syndrome", "2019-nCoV", "the virus", also, terms I would never per=
sonally use to describe it, like "Wuhan flu", "Chinese virus", or similar.T=
he requested documents will be made available to the general public, and th=
is request is not being made for commercial purposes.In the event that ther=
e 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 ele=
ctronically, by e-mail attachment if available or CD-ROM if not.Thank you i=
n advance for your anticipated cooperation in this matter. I look forward t=
o receiving your response to this request within 5 business days, as the st=
atute requires.Sincerely,ALEXANDER RICCIOUpload documents directly: https:/=
/accounts.muckrock.com/accounts/login/?next=3Dhttps%3A%2F%2Fwww.muckrock.co=
m%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fnew-yor=
k-state-department-health-4384%252Fearly-covid-communications-152866%252F%2=
53Femail%253Dfoil%252540health.state.ny.us&url_auth_token=3DAAAdRzX8ru6EX-1=
7hVMaEygpuG4%3A1qoaLd%3AvDuEHqUklY-qo9aVIlaTWERxrgNE0D0WdxM-BHK6GM0=20
=20
Uploaded Files =20
=20
=20
FOIL Response Format =20
Email=20
=20
If fees apply, please contact me if costs will be greater than =20
$25=20
Your FOIL request has been forwarded to the organization(s) you selected, =
and the respective Records Access Officer will contact you directly for fur=
ther processing of your request. Please allow up to five business days for=
such communication(s). For your convenience, here is additional contact i=
nformation:=20
=20
Department of Health=20
Corning Tower=20
Room 2364=20
Albany, NY 12237-0044
---
On Oct. 5, 2023:
Subject: New York Freedom of Information Law Request: Early COVID communica=
tions
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the f=
ollowing records:
Between the very beginning of March 3rd, 2020, to the very end of March 4th=
, 2020:
The following, that are explicitly listed as available in the NYSDOH data d=
ictionary:
Executive Memoranda
Information Bulletins
Agenda and/or minutes of councils, boards, and committees
Memoranda of Understanding
As well as the following, should they be available, emails and other commun=
ications that are searchable but not otherwise included above.
This records search shall only include records pertaining to, created by, o=
r mentioning, the following employees:
Howard Zucker (old commissioner)
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=20
Wilma Alvardo-little (Office of minority health and health disparities prev=
ention)
Celeste M Johnson, associate commissioner
Jill Montag (director of communications)
Eleanor Adams (special advisor to the commissioner of health)
Dan Kuhles (director, bureau of communicable disease control)
Emily Lutterloh (director, bureau of healthcare associated infections)
Should that be too broad of a search, I request that you further narrow the=
search to only records pertaining to the then-beginning outbreak, which ma=
y have been referred to by many names, including "SARS", "SARS-COV-2", "SAR=
S-nCOV-2019", "Coronavirus", "COVID", "COVID-19", "Wuhan Coronavirus", "Sev=
ere Acute Respiratory Syndrome", "2019-nCoV", "the virus", also, terms I wo=
uld never personally use to describe it, like "Wuhan flu", "Chinese virus",=
or similar.
The requested documents will be made available to the general public, and t=
his request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform m=
e 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 loo=
k forward to receiving your response to this request within 5 business days=
, as the statute requires.
Sincerely,
ALEXANDER RICCIO
View request history, see one related attachment, upload responsive documen=
ts, and report problems here:
https://www.muckrock.com/
rock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252F=
new-york-state-department-health-4384%252Fearly-covid-communications-152866=
%252F%253Femail%253Dfoil%252540health.ny.gov&url_auth_token=3DAAAdRzX8ru6EX=
-17hVMaEygpuG4%3A1rQFjn%3AgfMSmOSkwxx4tJkWX087BJ9ZxV1LfJRcX07t-hfieAI
If prompted for a passcode, please enter:
••••••••
Attachments:
=E2=80=A2 23-10-104 Extension Letter 1-12-24
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 152866
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is b=
eing sent through MuckRock by the above in order to better track, share, an=
d 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.
--===============8429787656746081728==
Content-Type: text/html; charset="utf-8"
MIME-Version: 1.0
Content-Transfer-Encoding: quoted-printable
<p><br>NY State Dept. of Health<br>Records Access Appeals Officer<br>Room 2=
364<br>Corning Tower<br>Albany, NY 12237-0044</p>
<p>January 17, 2024</p>
<p>This is a follow up to request number 23-10-104:</p>
<p>On November 6, 2023, New York State Department of Health indicated that =
the response was likely to be complete by January 12, 2024. This was the de=
partment's own estimate.</p>
<p>On January 04, 2024, I sent the following communication:<br>"Does t=
he agency still intend to complete the request by January 12, 2024?". =
I received no direct response to this communication.</p>
<p>On January 12, 2024, at approximately 6AM, MuckRock sent the following c=
ommunication on my behalf:<br>"To Whom It May Concern:</p>
<p>I'm following up on the following New York Freedom of Information L=
aw request, copied below, and originally submitted on Oct. 5, 2023. You had=
previously indicated that it would be completed on Jan. 12, 2024. I wanted=
to check on the status of my request, and to see if there was a new estima=
ted completion date. You had assigned it reference number #23-10-104.</p>
<p>Thanks for your help, and let me know if further clarification is needed=
."</p>
<p>Just before 10AM that day, the day of the deadline, the agency sent a co=
mmunication indicating that my request would not be completed until March 2=
0, 2024.</p>
<p>At no point before the deadline did the agency inform me that there was =
some new and unforeseen factor which might delay the production of records =
in a way that is (again) unforeseeable before the date of the deadline. Thi=
s is even after one prior extension and multiple inquiries about the status=
of the request.</p>
<p>I appeal on grounds of constructive denial.</p>
<p>State agencies have every right to take reasonable amounts of time to pr=
ocess and respond to FOIL requests.</p>
<p>They even, as the courts have ruled in Gannett Satellite Info. Network, =
LLC v. N.Y. State Thruway Auth, have a right to delay repeatedly in the eve=
nt that the volume of FOIL requests is large, given that the delay is reaso=
nable.</p>
<p>Later in the case of Empire Center for Public Policy v. New York State D=
epartment of Health, the courts denied the right of this agency to repeated=
ly delay the response to a more straightforward request. In that case, it w=
as many months before the request was fulfilled, each time with the request=
delayed by the same cookie cutter period.</p>
<p>On MuckRock, the current average response time for a request to NYSDOH i=
s 140 days.</p>
<p>It boggles my mind to think that anybody in the agency might honestly be=
so unfamiliar with the process that they would be off in their estimate by=
6 months or more.</p>
<p>My guess is that this request will take at least 6 months to fulfill.</p>
<p>I am not challenging the right of an agency to take a long time to respo=
nd. However, by failing to give the date by which in reality the agency is =
*actually* likely to produce responsive records, I am deprived of my right =
to appeal that deadline until after it has been broken.</p>
<p>I am seeking a deadline by which the agency is highly likely, in its hon=
est and intelligent judgment, to complete the request.</p>
<p>View request history, see one related attachment, upload responsive docu=
ments, and report problems here:<br>https://accounts.muckrock.com/accounts/=
login/?next=3Dhttps%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3=
D%252Faccounts%252Fagency_login%252Fnew-york-state-department-health-4384%2=
52Fearly-covid-communications-152866%252F%253Femail%253Dfoil%252540health.n=
y.gov&url_auth_token=3DAAAdRzX8ru6EX-17hVMaEygpuG4%3A1rQFjn%3AgfMSmOSkw=
xx4tJkWX087BJ9ZxV1LfJRcX07t-hfieAI</p>
<p>If prompted for a passcode, please enter:<br>••••••••</p>
<p>Attachments:<br>=E2=80=A2 23-10-104 Extension Letter 1-12-24</p>
<p>Filed via MuckRock.com<br>E-mail (Preferred): 152866-87604689@requests.m=
uckrock.com</p>
<p>PLEASE NOTE OUR NEW ADDRESS<br>For mailed responses, please address (see=
note):<br>MuckRock News<br>DEPT MR 152866<br>263 Huntington Ave<br>Boston,=
MA 02115</p>
<p>PLEASE NOTE: This request is not filed by a MuckRock staff member, but i=
s 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" a=
nd the department number) requests might be returned as undeliverable.</p>
<p>---</p>
<p>On Jan. 12, 2024:<br>Subject: FOIL # 23-10-104<br>Good Afternoon,</p>
<p>Kindly see the attached extension letter from the New York State Departm=
ent of Health in regards to the above-referenced FOIL request.<br>Regards,<=
/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) 486-914=
4<br>Email: foil@health.ny.gov<br>---</p>
<p>On Jan. 4, 2024:<br>Subject: RE: New York Freedom of Information Law Req=
uest #23-10-104<br>Does the agency still intend to complete the request by =
January 12, 2024?<br>---</p>
<p>On Nov. 6, 2023:<br>Subject: FOIL #: 23-10-104<br>Greetings,</p>
<p> Kindly see the attached correspondence and records from the New Yo=
rk State Department of Health in regards to the above-referenced FOIL reque=
st.<br>Regards,</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) 486-914=
4<br>Email: foil@health.ny.gov<mailto:foil@health.ny.gov><br>---</p>
<p>On Oct. 6, 2023:<br>Subject: FOIL # 23-10-104<br>Good afternoon -</p>
<p>Please see the attached correspondence regarding your Freedom of Informa=
tion Law (FOIL) request.</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) 486-914=
4<br>Email: foil@health.ny.gov<mailto:foil@health.ny.gov></p>
<p>[state]<br>---</p>
<p>On Oct. 5, 2023:<br>Subject: FOIL Request Confirmation from Open FOIL NY=
<br>Email <br> <br> <br> <br> <br> <br> <br> Thank you for submitting your=
FOIL request through Open FOIL NY. <br> <br> Here is your Open FOIL NY con=
firmation information for future reference: </p>
<p>RICCIO_DOH_20231005221542968 </p>
<p> INFORMATION SUBMITTED: <br> <br> Records Requested From <br> Depart=
ment of Health </p>
<p> <br> Short Title <br> Early COVID communications <br> <br> Descripti=
on <br> To Whom It May Concern:Pursuant to the New York Freedom of Informa=
tion Law, I hereby request the following records:Between the very beginning=
of March 3rd, 2020, to the very end of March 4th, 2020:The following, that=
are explicitly listed as available in the NYSDOH data dictionary:Executive=
MemorandaInformation BulletinsAgenda and/or minutes of councils, boards, a=
nd committeesMemoranda of UnderstandingAs well as the following, should the=
y be available, emails and other communications that are searchable but not=
otherwise included above.This records search shall only include records pe=
rtaining to, created by, or mentioning, the following employees:Howard Zuck=
er (old commissioner)Sally Dreslin (Executive deputy commissioner)Eugene he=
slin (first deputy commissioner)Danielle Greene (chief of staff)Gary Holmes=
(office of public affairs)David Hernandez (health facilities management)Br=
adley Hutton (office of public health)Anne Schettine (office of quality and=
patient safetyWilma Alvardo-little (Office of minority health and health d=
isparities prevention)Celeste M Johnson, associate commissionerJill Montag =
(director of communications)Eleanor Adams (special advisor to the commissio=
ner of health)Dan Kuhles (director, bureau of communicable disease control)=
Emily Lutterloh (director, bureau of healthcare associated infections)Shoul=
d that be too broad of a search, I request that you further narrow the sear=
ch to only records pertaining to the then-beginning outbreak, which may hav=
e been referred to by many names, including "SARS", "SARS-CO=
V-2", "SARS-nCOV-2019", "Coronavirus", "COVID=
", "COVID-19", "Wuhan Coronavirus", "Severe A=
cute Respiratory Syndrome", "2019-nCoV", "the virus&quo=
t;, also, terms I would never personally use to describe it, like "Wuh=
an flu", "Chinese virus", or similar.The requested documents=
will be made available to the general public, and this request is not bein=
g 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 fulfill=
ing 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 ant=
icipated cooperation in this matter. I look forward to receiving your respo=
nse to this request within 5 business days, as the statute requires.Sincere=
ly,ALEXANDER RICCIOUpload documents directly: https://accounts.muckrock.com=
/accounts/login/?next=3Dhttps%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2=
F%3Fnext%3D%252Faccounts%252Fagency_login%252Fnew-york-state-department-hea=
lth-4384%252Fearly-covid-communications-152866%252F%253Femail%253Dfoil%2525=
40health.state.ny.us&url_auth_token=3DAAAdRzX8ru6EX-17hVMaEygpuG4%3A1qo=
aLd%3AvDuEHqUklY-qo9aVIlaTWERxrgNE0D0WdxM-BHK6GM0 <br> <br> Uploaded Files=
<br> <br> <br> FOIL Response Format <br> Email <br> <br> If fees apply=
, please contact me if costs will be greater than <br> $25 <br> Your FOIL =
request has been forwarded to the organization(s) you selected, and the res=
pective Records Access Officer will contact you directly for further proces=
sing of your request. Please allow up to five business days for such commu=
nication(s). For your convenience, here is additional contact information:=
<br> <br> Department of Health <br>Corning Tower <br>Room 2364 <br>Albany,=
NY 12237-0044<br>---</p>
<p>On Oct. 5, 2023:<br>Subject: New York Freedom of Information Law Request=
: Early COVID communications<br>To Whom It May Concern:</p>
<p>Pursuant to the New York Freedom of Information Law, I hereby request th=
e following records:</p>
<p>Between the very beginning of March 3rd, 2020, to the very end of March =
4th, 2020:</p>
<p>The following, that are explicitly listed as available in the NYSDOH dat=
a dictionary:<br>Executive Memoranda<br>Information Bulletins<br>Agenda and=
/or minutes of councils, boards, and committees<br>Memoranda of Understandi=
ng</p>
<p>As well as the following, should they be available, emails and other com=
munications that are searchable but not otherwise included above.</p>
<p>This records search shall only include records pertaining to, created by=
, or mentioning, the following employees:<br>Howard Zucker (old commissione=
r)<br>Sally Dreslin (Executive deputy commissioner)<br>Eugene heslin (first=
deputy commissioner)<br>Danielle Greene (chief of staff)<br>Gary Holmes (o=
ffice of public affairs)<br>David Hernandez (health facilities management)<=
br>Bradley Hutton (office of public health)<br>Anne Schettine (office of qu=
ality and patient safety <br>Wilma Alvardo-little (Office of minority healt=
h and health disparities prevention)<br>Celeste M Johnson, associate commis=
sioner<br>Jill Montag (director of communications)<br>Eleanor Adams (specia=
l advisor to the commissioner of health)<br>Dan Kuhles (director, bureau of=
communicable disease control)<br>Emily Lutterloh (director, bureau of heal=
thcare associated infections)</p>
<p>Should that be too broad of a search, I request that you further narrow =
the search to only records pertaining to the then-beginning outbreak, which=
may have been referred to by many names, including "SARS", "=
;SARS-COV-2", "SARS-nCOV-2019", "Coronavirus", &qu=
ot;COVID", "COVID-19", "Wuhan Coronavirus", "=
Severe Acute Respiratory Syndrome", "2019-nCoV", "the v=
irus", also, terms I would never personally use to describe it, like &=
quot;Wuhan flu", "Chinese virus", or similar.</p>
<p>The requested documents will be made available to the general public, an=
d 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 infor=
m me of the total charges in advance of fulfilling my request. I would pref=
er 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 d=
ays, as the statute requires.</p>
<p>Sincerely,</p>
<p>ALEXANDER RICCIO</p>
<p>View request history, see one related attachment, upload responsive docu=
ments, and report problems here:<br>https://accounts.muckrock.com/accounts/=
login/?next=3Dhttps%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3=
D%252Faccounts%252Fagency_login%252Fnew-york-state-department-health-4384%2=
52Fearly-covid-communications-152866%252F%253Femail%253Dfoil%252540health.n=
y.gov&url_auth_token=3DAAAdRzX8ru6EX-17hVMaEygpuG4%3A1rQFjn%3AgfMSmOSkw=
xx4tJkWX087BJ9ZxV1LfJRcX07t-hfieAI</p>
<p>If prompted for a passcode, please enter:<br>••••••••</p>
<p>Attachments:<br>=E2=80=A2 23-10-104 Extension Letter 1-12-24</p>
<p>Filed via MuckRock.com<br>E-mail (Preferred): 152866-87604689@requests.m=
uckrock.com</p>
<p>PLEASE NOTE OUR NEW ADDRESS<br>For mailed responses, please address (see=
note):<br>MuckRock News<br>DEPT MR 152866<br>263 Huntington Ave<br>Boston,=
MA 02115</p>
<p>PLEASE NOTE: This request is not filed by a MuckRock staff member, but i=
s 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" a=
nd the department number) requests might be returned as undeliverable.</p>
<p></p>
--===============8429787656746081728==--
From: ALEXANDER RICCIO
On 2/19/2024, I responded with a suggestion that I feel no need to appeal if it is likely the request will be complete by 3/20/24, and that you can then disregard my appeal request!
I have received no acknowledgement.
From: New York State Department of Health
Apologies. I do believe I can provide a final response by 3/20/24. Thank you, I will hold the appeal.
David J. Harvey
Director and Records Access Officer
Records Access Office | Division of Legal Affairs
New York State Department of Health
2364 Corning Tower, Albany, NY 12237
(P) 518-486-6861 | (F) 518-486-9144 | david.harvey@health.ny.gov<mailto:david.harvey@health.ny.gov>
www.health.ny.gov<http://www.health.ny.gov/>
Sometimes things get lost in translation via e-mail, you are welcome to call me should you have any questions or concerns.
CONFIDENTIALITY NOTICE: This message is intended solely for the designated recipient(s) and may contain confidential information which is legally privileged and protected by law from disclosure. If you are not an intended recipient, any disclosure, copying, use, or distribution of the information included in this e-mail and any attachment(s) is strictly prohibited.
If you received this communication in error, please notify the sender by reply e-mail and immediately and permanently delete this e-mail.
From: requests@muckrock.com <requests@muckrock.com>
Sent: Tuesday, February 27, 2024 2:32 PM
To: Harvey, David (HEALTH) <David.Harvey@health.ny.gov>
Subject: RE: New York Freedom of Information Law Request #23-10-104
You don't often get email from requests@muckrock.com<mailto:requests@muckrock.com>. Learn why this is important<https://aka.ms/LearnAboutSenderIdentification>
ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails.
NY State Dept. of Health
Records Access Appeals Officer
Room 2364
Corning Tower
Albany, NY 12237-0044
February 27, 2024
This is a follow up to request number 23-10-104:
On 2/19/2024, I responded with a suggestion that I feel no need to appeal if it is likely the request will be complete by 3/20/24, and that you can then disregard my appeal request!
I have received no acknowledgement.
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<mailto:requests@muckrock.com>
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 152866
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 Feb. 19, 2024:
Subject: RE: New York Freedom of Information Law Request #23-10-104
I will include the full raw source code for the 1/17/2024 communication (with auth codes and passcodes removed) at the end of this if it is helpful finding why this got lost in the weeds.
If it is likely the request will be complete by 3/20/24, then I do not need to proceed with an appeal, and you can disregard my appeal request!
Thanks for following up on something which a prior employee didn't finish!
Content-Type: multipart/mixed; boundary="===============4172381454596307087=="
MIME-Version: 1.0
Subject: RE: New York Freedom of Information Law Request #23-10-104
From: "requests@muckrock.com<mailto:requests@muckrock.com>"
<requests@muckrock.com<mailto:requests@muckrock.com>>
To: foil@health.ny.gov<mailto:foil@health.ny.gov>
Date: Wed, 17 Jan 2024 23:54:28 -0000
Message-ID:
<170553566835.50.10390250280901460601@a91238b2-c261-4480-9ee2-421ad4483f10.prvt.dyno.rt.heroku.com<mailto:170553566835.50.10390250280901460601@a91238b2-c261-4480-9ee2-421ad4483f10.prvt.dyno.rt.heroku.com>>
--===============4172381454596307087==
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boundary="===============8429787656746081728=="
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--===============8429787656746081728==
Content-Type: text/plain; charset="utf-8"
MIME-Version: 1.0
Content-Transfer-Encoding: quoted-printable
NY State Dept. of Health
Records Access Appeals Officer
Room 2364
Corning Tower
Albany, NY 12237-0044
January 17, 2024
This is a follow up to request number 23-10-104:
On November 6, 2023, New York State Department of Health indicated that the=
response was likely to be complete by January 12, 2024. This was the depar=
tment's own estimate.
On January 04, 2024, I sent the following communication:
"Does the agency still intend to complete the request by January 12, 2024?"=
. I received no direct response to this communication.
On January 12, 2024, at approximately 6AM, MuckRock sent the following comm=
unication on my behalf:
"To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law reque=
st, copied below, and originally submitted on Oct. 5, 2023. You had previou=
sly indicated that it would be completed on Jan. 12, 2024. I wanted to chec=
k on the status of my request, and to see if there was a new estimated comp=
letion date. You had assigned it reference number #23-10-104.
Thanks for your help, and let me know if further clarification is needed."
Just before 10AM that day, the day of the deadline, the agency sent a commu=
nication indicating that my request would not be completed until March 20, =
2024.
At no point before the deadline did the agency inform me that there was som=
e new and unforeseen factor which might delay the production of records in =
a way that is (again) unforeseeable before the date of the deadline. This i=
s even after one prior extension and multiple inquiries about the status of=
the request.
I appeal on grounds of constructive denial.
State agencies have every right to take reasonable amounts of time to proce=
ss and respond to FOIL requests.
They even, as the courts have ruled in Gannett Satellite Info. Network, LLC=
v. N.Y. State Thruway Auth, have a right to delay repeatedly in the event =
that the volume of FOIL requests is large, given that the delay is reasonab=
le.
Later in the case of Empire Center for Public Policy v. New York State Depa=
rtment of Health, the courts denied the right of this agency to repeatedly =
delay the response to a more straightforward request. In that case, it was =
many months before the request was fulfilled, each time with the request de=
layed by the same cookie cutter period.
On MuckRock, the current average response time for a request to NYSDOH is 1=
40 days.
It boggles my mind to think that anybody in the agency might honestly be so=
unfamiliar with the process that they would be off in their estimate by 6 =
months or more.
My guess is that this request will take at least 6 months to fulfill.
I am not challenging the right of an agency to take a long time to respond.=
However, by failing to give the date by which in reality the agency is *ac=
tually* likely to produce responsive records, I am deprived of my right to =
appeal that deadline until after it has been broken.
I am seeking a deadline by which the agency is highly likely, in its honest=
and intelligent judgment, to complete the request.
View request history, see one related attachment, upload responsive documen=
ts, and report problems here:
https://www.muckrock.com/
rock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252F=
new-york-state-department-health-4384%252Fearly-covid-communications-152866=
%252F%253Femail%253Dfoil%252540health.ny.gov&url_auth_token=3DAAAdRzX8ru6EX=
-17hVMaEygpuG4%3A1rQFjn%3AgfMSmOSkwxx4tJkWX087BJ9ZxV1LfJRcX07t-hfieAI
If prompted for a passcode, please enter:
••••••••
Attachments:
=E2=80=A2 23-10-104 Extension Letter 1-12-24
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 152866
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is b=
eing sent through MuckRock by the above in order to better track, share, an=
d 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 Jan. 12, 2024:
Subject: FOIL # 23-10-104
Good Afternoon,
Kindly see the attached extension letter from the New York State Department=
of Health in regards to the above-referenced FOIL request.
Regards,
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 Jan. 4, 2024:
Subject: RE: New York Freedom of Information Law Request #23-10-104
Does the agency still intend to complete the request by January 12, 2024?
---
On Nov. 6, 2023:
Subject: FOIL #: 23-10-104
Greetings,
Kindly see the attached correspondence and records from the New York =
State Department of Health in regards to the above-referenced FOIL request.
Regards,
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<mailto:foil@health.ny.gov%3cmailto:foil@health.ny.gov>>
---
On Oct. 6, 2023:
Subject: FOIL # 23-10-104
Good afternoon -
Please see the attached correspondence regarding your Freedom of Informatio=
n 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<mailto:foil@health.ny.gov%3cmailto:foil@health.ny.gov>>
[state]
---
On Oct. 5, 2023:
Subject: FOIL Request Confirmation from Open FOIL NY
Email =20
=20
=20
=20
=20
=20
=20
Thank you for submitting your FOIL request through Open FOIL NY.=20
=20
Here is your Open FOIL NY confirmation information for future reference:=20
RICCIO_DOH_20231005221542968=20
INFORMATION SUBMITTED: =20
=20
Records Requested From =20
Department of Health=20
=20
Short Title =20
Early COVID communications=20
=20
Description =20
To Whom It May Concern:Pursuant to the New York Freedom of Information Law=
, I hereby request the following records:Between the very beginning of Marc=
h 3rd, 2020, to the very end of March 4th, 2020:The following, that are exp=
licitly listed as available in the NYSDOH data dictionary:Executive Memoran=
daInformation BulletinsAgenda and/or minutes of councils, boards, and commi=
tteesMemoranda of UnderstandingAs well as the following, should they be ava=
ilable, emails and other communications that are searchable but not otherwi=
se included above.This records search shall only include records pertaining=
to, created by, or mentioning, the following employees:Howard Zucker (old =
commissioner)Sally Dreslin (Executive deputy commissioner)Eugene heslin (fi=
rst deputy commissioner)Danielle Greene (chief of staff)Gary Holmes (office=
of public affairs)David Hernandez (health facilities management)Bradley Hu=
tton (office of public health)Anne Schettine (office of quality and patient=
safetyWilma Alvardo-little (Office of minority health and health dispariti=
es prevention)Celeste M Johnson, associate commissionerJill Montag (directo=
r of communications)Eleanor Adams (special advisor to the commissioner of h=
ealth)Dan Kuhles (director, bureau of communicable disease control)Emily Lu=
tterloh (director, bureau of healthcare associated infections)Should that b=
e too broad of a search, I request that you further narrow the search to on=
ly records pertaining to the then-beginning outbreak, which may have been r=
eferred to by many names, including "SARS", "SARS-COV-2", "SARS-nCOV-2019",=
"Coronavirus", "COVID", "COVID-19", "Wuhan Coronavirus", "Severe Acute Res=
piratory Syndrome", "2019-nCoV", "the virus", also, terms I would never per=
sonally use to describe it, like "Wuhan flu", "Chinese virus", or similar.T=
he requested documents will be made available to the general public, and th=
is request is not being made for commercial purposes.In the event that ther=
e 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 ele=
ctronically, by e-mail attachment if available or CD-ROM if not.Thank you i=
n advance for your anticipated cooperation in this matter. I look forward t=
o receiving your response to this request within 5 business days, as the st=
atute requires.Sincerely,ALEXANDER RICCIOUpload documents directly: https:/=
/accounts.muckrock.com/accounts/login/?next=3Dhttps%3A%2F%2Fwww.muckrock.co=
m%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fnew-yor=
k-state-department-health-4384%252Fearly-covid-communications-152866%252F%2=
53Femail%253Dfoil%252540health.state.ny.us&url_auth_token=3DAAAdRzX8ru6EX-1=
7hVMaEygpuG4%3A1qoaLd%3AvDuEHqUklY-qo9aVIlaTWERxrgNE0D0WdxM-BHK6GM0=20
=20
Uploaded Files =20
=20
=20
FOIL Response Format =20
Email=20
=20
If fees apply, please contact me if costs will be greater than =20
$25=20
Your FOIL request has been forwarded to the organization(s) you selected, =
and the respective Records Access Officer will contact you directly for fur=
ther processing of your request. Please allow up to five business days for=
such communication(s). For your convenience, here is additional contact i=
nformation:=20
=20
Department of Health=20
Corning Tower=20
Room 2364=20
Albany, NY 12237-0044
---
On Oct. 5, 2023:
Subject: New York Freedom of Information Law Request: Early COVID communica=
tions
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the f=
ollowing records:
Between the very beginning of March 3rd, 2020, to the very end of March 4th=
, 2020:
The following, that are explicitly listed as available in the NYSDOH data d=
ictionary:
Executive Memoranda
Information Bulletins
Agenda and/or minutes of councils, boards, and committees
Memoranda of Understanding
As well as the following, should they be available, emails and other commun=
ications that are searchable but not otherwise included above.
This records search shall only include records pertaining to, created by, o=
r mentioning, the following employees:
Howard Zucker (old commissioner)
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=20
Wilma Alvardo-little (Office of minority health and health disparities prev=
ention)
Celeste M Johnson, associate commissioner
Jill Montag (director of communications)
Eleanor Adams (special advisor to the commissioner of health)
Dan Kuhles (director, bureau of communicable disease control)
Emily Lutterloh (director, bureau of healthcare associated infections)
Should that be too broad of a search, I request that you further narrow the=
search to only records pertaining to the then-beginning outbreak, which ma=
y have been referred to by many names, including "SARS", "SARS-COV-2", "SAR=
S-nCOV-2019", "Coronavirus", "COVID", "COVID-19", "Wuhan Coronavirus", "Sev=
ere Acute Respiratory Syndrome", "2019-nCoV", "the virus", also, terms I wo=
uld never personally use to describe it, like "Wuhan flu", "Chinese virus",=
or similar.
The requested documents will be made available to the general public, and t=
his request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform m=
e 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 loo=
k forward to receiving your response to this request within 5 business days=
, as the statute requires.
Sincerely,
ALEXANDER RICCIO
View request history, see one related attachment, upload responsive documen=
ts, and report problems here:
https://www.muckrock.com/
rock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252F=
new-york-state-department-health-4384%252Fearly-covid-communications-152866=
%252F%253Femail%253Dfoil%252540health.ny.gov&url_auth_token=3DAAAdRzX8ru6EX=
-17hVMaEygpuG4%3A1rQFjn%3AgfMSmOSkwxx4tJkWX087BJ9ZxV1LfJRcX07t-hfieAI
If prompted for a passcode, please enter:
••••••••
Attachments:
=E2=80=A2 23-10-104 Extension Letter 1-12-24
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
PLEASE NOTE OUR NEW ADDRESS
For mailed responses, please address (see note):
MuckRock News
DEPT MR 152866
263 Huntington Ave
Boston, MA 02115
PLEASE NOTE: This request is not filed by a MuckRock staff member, but is b=
eing sent through MuckRock by the above in order to better track, share, an=
d 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.
--===============8429787656746081728==
Content-Type: text/html; charset="utf-8"
MIME-Version: 1.0
Content-Transfer-Encoding: quoted-printable
<p><br>NY State Dept. of Health<br>Records Access Appeals Officer<br>Room 2=
364<br>Corning Tower<br>Albany, NY 12237-0044</p>
<p>January 17, 2024</p>
<p>This is a follow up to request number 23-10-104:</p>
<p>On November 6, 2023, New York State Department of Health indicated that =
the response was likely to be complete by January 12, 2024. This was the de=
partment's own estimate.</p>
<p
>On January 04, 2024, I sent the following communication:<br>"Does t=
he agency still intend to complete the request by January 12, 2024?". =
I received no direct response to this communication.</p>
<p
>On January 12, 2024, at approximately 6AM, MuckRock sent the following c=
ommunication on my behalf:<br>"To Whom It May Concern:</p>
<p>I'm following up on the following New York Freedom of Information L=
aw request, copied below, and originally submitted on Oct. 5, 2023. You had=
previously indicated that it would be completed on Jan. 12, 2024. I wanted=
to check on the status of my request, and to see if there was a new estima=
ted completion date. You had assigned it reference number #23-10-104.</p>
<p>Thanks for your help, and let me know if further clarification is needed=
."</p>
<p>Just before 10AM that day, the day of the deadline, the agency sent a co=
mmunication indicating that my request would not be completed until March 2=
0, 2024.</p>
<p>At no point before the deadline did the agency inform me that there was =
some new and unforeseen factor which might delay the production of records =
in a way that is (again) unforeseeable before the date of the deadline. Thi=
s is even after one prior extension and multiple inquiries about the status=
of the request.</p>
<p>I appeal on grounds of constructive denial.</p>
<p>State agencies have every right to take reasonable amounts of time to pr=
ocess and respond to FOIL requests.</p>
<p>They even, as the courts have ruled in Gannett Satellite Info. Network, =
LLC v. N.Y. State Thruway Auth, have a right to delay repeatedly in the eve=
nt that the volume of FOIL requests is large, given that the delay is reaso=
nable.</p>
<p>Later in the case of Empire Center for Public Policy v. New York State D=
epartment of Health, the courts denied the right of this agency to repeated=
ly delay the response to a more straightforward request. In that case, it w=
as many months before the request was fulfilled, each time with the request=
delayed by the same cookie cutter period.</p>
<p>On MuckRock, the current average response time for a request to NYSDOH i=
s 140 days.</p>
<p>It boggles my mind to think that anybody in the agency might honestly be=
so unfamiliar with the process that they would be off in their estimate by=
6 months or more.</p>
<p>My guess is that this request will take at least 6 months to fulfill.</p>
<p>I am not challenging the right of an agency to take a long time to respo=
nd. However, by failing to give the date by which in reality the agency is =
*actually* likely to produce responsive records, I am deprived of my right =
to appeal that deadline until after it has been broken.</p>
<p>I am seeking a deadline by which the agency is highly likely, in its hon=
est and intelligent judgment, to complete the request.</p>
<p>View request history, see one related attachment, upload responsive docu=
ments, and report problems here:<br>https://accounts.muckrock.com/accounts/=
login/?next=3Dhttps%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3=
D%252Faccounts%252Fagency_login%252Fnew-york-state-department-health-4384%2=
52Fearly-covid-communications-152866%252F%253Femail%253Dfoil%252540health.n=
y.gov&url_auth_token=3DAAAdRzX8ru6EX-17hVMaEygpuG4%3A1rQFjn%3AgfMSmOSkw=
xx4tJkWX087BJ9ZxV1LfJRcX07t-hfieAI</p>
<p>If prompted for a passcode, please enter:<br>••••••••</p>
<p>Attachments:<br>=E2=80=A2 23-10-104 Extension Letter 1-12-24</p>
<p>Filed via MuckRock.com<br>E-mail (Preferred): 152866-87604689@requests.m=<mailto:152866-87604689@requests.m=>
uckrock.com</p>
<p>PLEASE NOTE OUR NEW ADDRESS<br>For mailed responses, please address (see=
note):<br>MuckRock News<br>DEPT MR 152866<br>263 Huntington Ave<br>Boston,=
MA 02115</p>
<p>PLEASE NOTE: This request is not filed by a MuckRock staff member, but i=
s 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" a=
nd the department number) requests might be returned as undeliverable.</p>
<p>---</p>
<p>On Jan. 12, 2024:<br>Subject: FOIL # 23-10-104<br>Good Afternoon,</p>
<p>Kindly see the attached extension letter from the New York State Departm=
ent of Health in regards to the above-referenced FOIL request.<br>Regards,<=
/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) 486-914=
4<br>Email: foil@health.ny.gov<br>---</p<mailto:foil@health.ny.gov%3cbr%3e---%3c/p>>
<p>On Jan. 4, 2024:<br>Subject: RE: New York Freedom of Information Law Req=
uest #23-10-104<br>Does the agency still intend to complete the request by =
January 12, 2024?<br>---</p>
<p>On Nov. 6, 2023:<br>Subject: FOIL #: 23-10-104<br>Greetings,</p>
<p> Kindly see the attached correspondence and records from the New Yo=
rk State Department of Health in regards to the above-referenced FOIL reque=
st.<br>Regards,</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) 486-914=
4<br>Email: foil@health.ny.gov<mailto:foil@health.ny.gov><br>---</p<mailto:foil@health.ny.gov<mailto:foil@health.ny.gov>%3cbr%3e---%3c/p>>
<p>On Oct. 6, 2023:<br>Subject: FOIL # 23-10-104<br>Good afternoon -</p>
<p>Please see the attached correspondence regarding your Freedom of Informa=
tion Law (FOIL) request.</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) 486-914=
4<br>Email: foil@health.ny.gov<mailto:foil@health.ny.gov></p<mailto:foil@health.ny.gov<mailto:foil@health.ny.gov>%3c/p>>
<p>[state]<br>---</p>
<p>On Oct. 5, 2023:<br>Subject: FOIL Request Confirmation from Open FOIL NY=
<br>Email <br> <br> <br> <br> <br> <br> <br> Thank you for submitting your=
FOIL request through Open FOIL NY. <br> <br> Here is your Open FOIL NY con=
firmation information for future reference: </p>
<p>RICCIO_DOH_20231005221542968 </p>
<p> INFORMATION SUBMITTED: <br> <br> Records Requested From <br> Depart=
ment of Health </p>
<p> <br> Short Title <br> Early COVID communications <br> <br> Descripti=
on <br> To Whom It May Concern:Pursuant to the New York Freedom of Informa=
tion Law, I hereby request the following records:Between the very beginning=
of March 3rd, 2020, to the very end of March 4th, 2020:The following, that=
are explicitly listed as available in the NYSDOH data dictionary:Executive=
MemorandaInformation BulletinsAgenda and/or minutes of councils, boards, a=
nd committeesMemoranda of UnderstandingAs well as the following, should the=
y be available, emails and other communications that are searchable but not=
otherwise included above.This records search shall only include records pe=
rtaining to, created by, or mentioning, the following employees:Howard Zuck=
er (old commissioner)Sally Dreslin (Executive deputy commissioner)Eugene he=
slin (first deputy commissioner)Danielle Greene (chief of staff)Gary Holmes=
(office of public affairs)David Hernandez (health facilities management)Br=
adley Hutton (office of public health)Anne Schettine (office of quality and=
patient safetyWilma Alvardo-little (Office of minority health and health d=
isparities prevention)Celeste M Johnson, associate commissionerJill Montag =
(director of communications)Eleanor Adams (special advisor to the commissio=
ner of health)Dan Kuhles (director, bureau of communicable disease control)=
Emily Lutterloh (director, bureau of healthcare associated infections)Shoul=
d that be too broad of a search, I request that you further narrow the sear=
ch to only records pertaining to the then-beginning outbreak, which may hav=
e been referred to by many names, including "SARS", "SARS-CO=
V-2", "SARS-nCOV-2019", "Coronavirus", "COVID=
", "COVID-19", "Wuhan Coronavirus", "Severe A=
cute Respiratory Syndrome", "2019-nCoV", "the virus&quo=
t;, also, terms I would never personally use to describe it, like "Wuh=
an flu", "Chinese virus", or similar.The requested documents=
will be made available to the general public, and this request is not bein=
g 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 fulfill=
ing 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 ant=
icipated cooperation in this matter. I look forward to receiving your respo=
nse to this request within 5 business days, as the statute requires.Sincere=
ly,ALEXANDER RICCIOUpload documents directly: https://accounts.muckrock.com=
/accounts/login/?next=3Dhttps%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2=
F%3Fnext%3D%252Faccounts%252Fagency_login%252Fnew-york-state-department-hea=
lth-4384%252Fearly-covid-communications-152866%252F%253Femail%253Dfoil%2525=
40health.state.ny.us&url_auth_token=3DAAAdRzX8ru6EX-17hVMaEygpuG4%3A1qo=
aLd%3AvDuEHqUklY-qo9aVIlaTWERxrgNE0D0WdxM-BHK6GM0 <br> <br> Uploaded Files=
<br> <br> <br> FOIL Response Format <br> Email <br> <br> If fees apply=
, please contact me if costs will be greater than <br> $25 <br> Your FOIL =
request has been forwarded to the organization(s) you selected, and the res=
pective Records Access Officer will contact you directly for further proces=
sing of your request. Please allow up to five business days for such commu=
nication(s). For your convenience, here is additional contact information:=
<br> <br> Department of Health <br>Corning Tower <br>Room 2364 <br>Albany,=
NY 12237-0044<br>---</p>
<p>On Oct. 5, 2023:<br>Subject: New York Freedom of Information Law Request=
: Early COVID communications<br>To Whom It May Concern:</p>
<p>Pursuant to the New York Freedom of Information Law, I hereby request th=
e following records:</p>
<p>Between the very beginning of March 3rd, 2020, to the very end of March =
4th, 2020:</p>
<p>The following, that are explicitly listed as available in the NYSDOH dat=
a dictionary:<br>Executive Memoranda<br>Information Bulletins<br>Agenda and=
/or minutes of councils, boards, and committees<br>Memoranda of Understandi=
ng</p>
<p>As well as the following, should they be available, emails and other com=
munications that are searchable but not otherwise included above.</p>
<p>This records search shall only include records pertaining to, created by=
, or mentioning, the following employees:<br>Howard Zucker (old commissione=
r)<br>Sally Dreslin (Executive deputy commissioner)<br>Eugene heslin (first=
deputy commissioner)<br>Danielle Greene (chief of staff)<br>Gary Holmes (o=
ffice of public affairs)<br>David Hernandez (health facilities management)<=
br>Bradley Hutton (office of public health)<br>Anne Schettine (office of qu=
ality and patient safety <br>Wilma Alvardo-little (Office of minority healt=
h and health disparities prevention)<br>Celeste M Johnson, associate commis=
sioner<br>Jill Montag (director of communications)<br>Eleanor Adams (specia=
l advisor to the commissioner of health)<br>Dan Kuhles (director, bureau of=
communicable disease control)<br>Emily Lutterloh (director, bureau of heal=
thcare associated infections)</p>
<p>Should that be too broad of a search, I request that you further narrow =
the search to only records pertaining to the then-beginning outbreak, which=
may have been referred to by many names, including "SARS", "=
;SARS-COV-2", "SARS-nCOV-2019", "Coronavirus", &qu=
ot;COVID", "COVID-19", "Wuhan Coronavirus", "=
Severe Acute Respiratory Syndrome", "2019-nCoV", "the v=
irus", also, terms I would never personally use to describe it, like &=
quot;Wuhan flu", "Chinese virus", or similar.</p>
<p>The requested documents will be made available to the general public, an=
d 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 infor=
m me of the total charges in advance of fulfilling my request. I would pref=
er 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 d=
ays, as the statute requires.</p>
<p>Sincerely,</p>
<p>ALEXANDER RICCIO</p>
<p>View request history, see one related attachment, upload responsive docu=
ments, and report problems here:<br>https://accounts.muckrock.com/accounts/=
login/?next=3Dhttps%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3=
D%252Faccounts%252Fagency_login%252Fnew-york-state-department-health-4384%2=
52Fearly-covid-communications-152866%252F%253Femail%253Dfoil%252540health.n=
y.gov&url_auth_token=3DAAAdRzX8ru6EX-17hVMaEygpuG4%3A1rQFjn%3AgfMSmOSkw=
xx4tJkWX087BJ9ZxV1LfJRcX07t-hfieAI</p>
<p>If prompted for a passcode, please enter:<br>••••••••</p>
<p>Attachments:<br>=E2=80=A2 23-10-104 Extension Letter 1-12-24</p>
<p>Filed via MuckRock.com<br>E-mail (Preferred): 152866-87604689@requests.m=<mailto:152866-87604689@requests.m=>
uckrock.com</p>
<p>PLEASE NOTE OUR NEW ADDRESS<br>For mailed responses, please address (see=
note):<br>MuckRock News<br>DEPT MR 152866<br>263 Huntington Ave<br>Boston,=
MA 02115</p>
<p>PLEASE NOTE: This request is not filed by a MuckRock staff member, but i=
s 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" a=
nd the department number) requests might be returned as undeliverable.</p>
<p></p>
--===============8429787656746081728==--
---
On Feb. 18, 2024:
Subject: RE: New York Freedom of Information Law Request #23-10-104
Mr. Riccio,
Please be advised that I cannot locate a copy of your 1/17/24 appeal of this FOIL. The original request was assigned to a staff member who is no longer with this office. I have reassigned the FOIL to myself and will respond by the current due date of 3/20/24.
Please advise me at this email directly if you would still like me to forward this to our FOIL Appeals Attorney.
Thank you, and apologies for the delay.
--David
David J. Harvey
Director and Records Access Officer
Records Access Office | Division of Legal Affairs
New York State Department of Health
2364 Corning Tower, Albany, NY 12237
(P) 518-486-6861 | (F) 518-486-9144 | david.harvey@health.ny.gov<mailto:david.harvey@health.ny.gov<mailto:david.harvey@health.ny.gov%3cmailto:david.harvey@health.ny.gov>>
www.health.ny.gov<http://www.health.ny.gov/<http://www.health.ny.gov%3chttp:/www.health.ny.gov/>>
Sometimes things get lost in translation via e-mail, you are welcome to call me should you have any questions or concerns.
CONFIDENTIALITY NOTICE: This message is intended solely for the designated recipient(s) and may contain confidential information which is legally privileged and protected by law from disclosure. If you are not an intended recipient, any disclosure, copying, use, or distribution of the information included in this e-mail and any attachment(s) is strictly prohibited.
If you received this communication in error, please notify the sender by reply e-mail and immediately and permanently delete this e-mail.
---
On Feb. 16, 2024:
Subject: RE: New York Freedom of Information Law Request #23-10-104
I sent an appeal on 01/17/2024 attempting to appeal this on grounds of constructive denial. I have not received any response. Please update me.
---
On Jan. 17, 2024:
Subject: RE: New York Freedom of Information Law Request #23-10-104
On November 6, 2023, New York State Department of Health indicated that the response was likely to be complete by January 12, 2024. This was the department's own estimate.
On January 04, 2024, I sent the following communication:
"Does the agency still intend to complete the request by January 12, 2024?". I received no direct response to this communication.
On January 12, 2024, at approximately 6AM, MuckRock sent the following communication on my behalf:
"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 Oct. 5, 2023. You had previously indicated that it would be completed on Jan. 12, 2024. 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 #23-10-104.
Thanks for your help, and let me know if further clarification is needed."
Just before 10AM that day, the day of the deadline, the agency sent a communication indicating that my request would not be completed until March 20, 2024.
At no point before the deadline did the agency inform me that there was some new and unforeseen factor which might delay the production of records in a way that is (again) unforeseeable before the date of the deadline. This is even after one prior extension and multiple inquiries about the status of the request.
I appeal on grounds of constructive denial.
State agencies have every right to take reasonable amounts of time to process and respond to FOIL requests.
They even, as the courts have ruled in Gannett Satellite Info. Network, LLC v. N.Y. State Thruway Auth, have a right to delay repeatedly in the event that the volume of FOIL requests is large, given that the delay is reasonable.
Later in the case of Empire Center for Public Policy v. New York State Department of Health, the courts denied the right of this agency to repeatedly delay the response to a more straightforward request. In that case, it was many months before the request was fulfilled, each time with the request delayed by the same cookie cutter period.
On MuckRock, the current average response time for a request to NYSDOH is 140 days.
It boggles my mind to think that anybody in the agency might honestly be so unfamiliar with the process that they would be off in their estimate by 6 months or more.
My guess is that this request will take at least 6 months to fulfill.
I am not challenging the right of an agency to take a long time to respond. However, by failing to give the date by which in reality the agency is *actually* likely to produce responsive records, I am deprived of my right to appeal that deadline until after it has been broken.
I am seeking a deadline by which the agency is highly likely, in its honest and intelligent judgment, to complete the request.
---
On Jan. 12, 2024:
Subject: FOIL # 23-10-104
Good Afternoon,
Kindly see the attached extension letter from the New York State Department of Health in regards to the above-referenced FOIL request.
Regards,
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 Oct. 5, 2023:
Subject: New York Freedom of Information Law Request: Early COVID communications
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Between the very beginning of March 3rd, 2020, to the very end of March 4th, 2020:
The following, that are explicitly listed as available in the NYSDOH data dictionary:
Executive Memoranda
Information Bulletins
Agenda and/or minutes of councils, boards, and committees
Memoranda of Understanding
As well as the following, should they be available, emails and other communications that are searchable but not otherwise included above.
This records search shall only include records pertaining to, created by, or mentioning, the following employees:
Howard Zucker (old commissioner)
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)
Dan Kuhles (director, bureau of communicable disease control)
Emily Lutterloh (director, bureau of healthcare associated infections)
Should that be too broad of a search, I request that you further narrow the search to only records pertaining to the then-beginning outbreak, which may have been referred to by many names, including "SARS", "SARS-COV-2", "SARS-nCOV-2019", "Coronavirus", "COVID", "COVID-19", "Wuhan Coronavirus", "Severe Acute Respiratory Syndrome", "2019-nCoV", "the virus", also, terms I would never personally use to describe it, like "Wuhan flu", "Chinese virus", or similar.
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
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MuckRock News
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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.
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 Oct. 5, 2023. You had previously indicated that it would be completed on March 20, 2024. 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 #23-10-104.
Thanks for your help, and let me know if further clarification is needed.
From: New York State Department of Health
Good Afternoon,
Kindly see the attached correspondence from the New York State Department of Health in regards to the above-referenced FOIL request.
Regards,
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>
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