FOIL Appeals and Appeal Determinations transmitted by MTA to Committee on Open Government

Noah McClain filed this request with the Department of State of New York.
Tracking #

MCCLAIN_DOS_20211201232433766

Status
Completed

Communications

From: Noah McClain

To Whom It May Concern:

New York State’s Freedom of Information Law requires any agency which receives an appeal to a denied FOIL request to transmit copies of each appeal to the Committee on Open Government upon receipt of that appeal. It further requires the agency to transmit its determination upon each appeal to the Committee on Open Government.

In those contexts, and pursuant to the New York Freedom of Information Law, I hereby request the following records:

- A copy of the first page of each appeal of a denied FOIL request made to the Metropolitan Transportation Authority (MTA) Headquarters, or the subsidiary entities New York City Transit (NYCT) or MTA Bridges & Tunnels (B&T) as received by the Committee on Open Government between September 1, 2020 and November 30, 2021.

- A copy of the first page of each determination made by MTA Headquarters, NYCT or B&T as received by the Committee on Open Government between September 1, 2020 and November 30, 2021.

If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify my request, via this email. Where appropriate, please inform me of the manner in which records are filed, retrieved or generated.

As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.

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,

Noah McClain

From: Department of State

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MCCLAIN_DOS_20211201232433766

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Records Requested From
Department of State


Short Title
FOIL Appeals and Appeal Determinations transmitted by MTA to Committee on Open Government

Description
To Whom It May Concern:New York State’s Freedom of Information Law requires any agency which receives an appeal to a denied FOIL request to transmit copies of each appeal to the Committee on Open Government upon receipt of that appeal. It further requires the agency to transmit its determination upon each appeal to the Committee on Open Government.In those contexts, and pursuant to the New York Freedom of Information Law, I hereby request the following records:- A copy of the first page of each appeal of a denied FOIL request made to the Metropolitan Transportation Authority (MTA) Headquarters, or the subsidiary entities New York City Transit (NYCT) or MTA Bridges & Tunnels (B&T) as received by the Committee on Open Government between September 1, 2020 and November 30, 2021.- A copy of the first page of each determination made by MTA Headquarters, NYCT or B&T as received by the Committee on Open Government between September 1, 2020 and November 30, 2021.If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify my request, via this email. Where appropriate, please inform me of the manner in which records are filed, retrieved or generated.As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.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,Noah McClainUpload documents directly: https://www.muckrock.com/

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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 State
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231

From: Department of State

Dear Noah McClain,

I am writing in response to the Freedom of Information Law (FOIL) request which you submitted to the records access officer for the NYS Department of State (DOS). The DOS records access officer forwarded your request to the Committee on Open Government (Committee) for our response. In the future, we encourage you to contact the Committee directly with requests for Committee records. Attached please find a PDF copy of all records located after a diligent search that are responsive to your December 2, 2021 Freedom of Information Law request for:

- A copy of the first page of each appeal of a denied FOIL request made to the Metropolitan Transportation Authority (MTA) Headquarters, or the subsidiary entities New York City Transit (NYCT) or MTA Bridges & Tunnels (B&T) as received by the Committee on Open Government between September 1, 2020 and November 30, 2021.

- A copy of the first page of each determination made by MTA Headquarters, NYCT or B&T as received by the Committee on Open Government between September 1, 2020 and November 30, 2021.

Pursuant to Section 87(2)(b) of the Freedom of Information Law, we have redacted home addresses, personal telephone numbers, persona e-mail addresses, dates of birth, and in other limited situations names and identifying details where disclosure would constitute an unwarranted invasion of personal privacy. Please note that the only copies of FOIL appeals received by the Committee were those sent to us directly from the appellants.

Under provisions of the Public Officers Law you may appeal a FOIL denial of access. If you desire to submit such an appeal, you must do so within 30 days of this e-mail. Please include a copy of the original request for records and a copy of the FOIL response letter you received along with your appeal letter to:

Joseph Ball
Records Appeal Officer
NYS Department of State
One Commerce Plaza 11th Floor, Suite 1120
99 Washington Avenue
Albany, New York 12231-0001

I hope you find this information useful.

Sincerely,

Kristin O'Neill
Assistant Director
Pronouns: she/her/hers

New York State Committee on Open Government
One Commerce Plaza, Albany, NY 12231
(518) 474-2518
http://www.opengovernment.ny.gov

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  • 12/08/2021

    MTA FOIL Appeal Documents 090120-113021_Redacted