Emails related to BDS Bills

Russel Neiss filed this request with the Office of the Governor - New York of New York.

It is a clone of this request.

Status
Rejected

Communications

From: Russel Neiss

To Whom It May Concern:

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

Copies of any email communications with following employees of the Office of the Governor: Mark Weprin, Michael Laskawy, or David Lobl, from January 1, 2015 to the present that include the words: "BDS", "A 8220", "S 6068", "S 6378A", "S 6378", or "A 9036":

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,

Russel Neiss

From: Records _Access

Dear Mr. Neiss,

Please see the attached acknowledgement to your Freedom of Information Law ("FOIL") request dated March 14, 2016.
Regards,

Meg Dorsey
Assistant to the Records Officer

From: Records _Access

Dear Mr. Neiss,

Please see the attached correspondence in relation to your Freedom of Information Law ("FOIL") request dated March 14, 2016.
Regards,

Meg Dorsey
Assistant to the Records Officer

From: Records _Access

Dear Mr. Neiss,

Please see the attached response to your Freedom of Information Law ("FOIL") request dated March 14, 2016.
Regards,

Meg Dorsey
Assistant to the Records Officer

From: Records _Access

Dear Mr. Neiss,

Please see the attached response to your Freedom of Information Law ("FOIL") request dated March 14, 2016.
Regards,

Meg Dorsey
Assistant to the Records Officer

From: Russel Neiss

To whom it may concern,

I appeal the partial rejection of my foil request for copies of any email communications with following employees of the Office of the Governor: Mark Weprin, Michael Laskawy, or David Lobl, from January 1, 2015 to the present that include the words: "BDS", "A 8220", "S 6068", "S 6378A", "S 6378", or "A 9036" which were categorized as exempt because they 'are “inter-agency or intra-agency materials which are not: statistical or factual tabulations or data; instructions to staff that affect the public; final agency policy or determinations; or
external audits . . . .” Public Officers Law § 87(2)(g)'

The courts have ruled that materials which are not prepared by or at the behest of an agency cannot fall within the intra-agency exemption. The mere fact of records being collected by an agency and appended to another record does not transform a record into intra-agency material. [Ingram v. Axelrod, 90 A.D.2d 568, 456 N.Y.S.2d 146 (3d Dep't 1982)] I believe that many of the emails that you claim this exemption for fall into this category.

Further, in the case that some of the documents do fall under the above exemption the courts have ruled that so long as the records do contain some factual data, that the exemption does not justify complete non-disclosure of the reports. [Gould v. New York City Police Dept., 89 N.Y.2d 267, 675 N.E.2d 808, 653 N.Y.S.2d 54 (1996).] Therefore if this is the case, I respectfully request that the requested records be sent with redactions (if required) blacked out while preserving the factual materials.

Thank you for your time and attention to this appeal. I look forward to your response.

From: Nadine Fontaine

Mr. Neiss,

Attached please find my response to your Freedom of Information Law ("FOIL") appeal dated May 5, 2016, in which you appeal the Executive Chamber's May 5, 2016 response to your March 14, 2016 FOIL request.
Regards,

R. Nadine Fontaine
Assistant Counsel to the Governor
FOIL Appeals Officer

Office of Governor Andrew M. Cuomo
State Capitol, Albany, New York 12224

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