FOIL: Clemency Applications

Freddy Martinez filed this request with the Department of Corrections and Community Supervision of New York.
Tracking #

CO-0760E-18

Status
Processing

Communications

From: Freddy Martinez

To Whom It May Concern:

According to research online "The Executive Clemency Bureau is a unit within the New York State Department of Corrections and Community Supervision that assists the Governor’s Office with clemency applications. The Executive Clemency Bureau receives applications and begins a review process, which includes compiling past criminal and/or inmate records. The Bureau then sends completed applications to the Governor’s Office for review."

Pursuant to the New York Freedom of Information Law, I hereby request the following records for the past 5 years:

* The number of applications for records received by the Clemency Bureau per month
* The time that each record was received and the time when it reached its final state, whatever it may be (approved, denied etc).
- To clarify, this request should show the processing time for requests in your office for the years requested.
* Documents sufficient to show the sex/gender/gender identity (if known) for each application for clemency.
* Documents sufficient to show the size (if any) of the "backlog", if any exists.
* Documents sufficient to show all applications which are "approved" and sent to the NY Governor's office for consideration for clemency.
* Documents sufficient to show the dates / times all "approved" applications where sent to the Governor's office.
* Documents sufficient to show dates and times when clemency was actually approved or denied by the Governor's office.

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,

Freddy Martinez

From: Department of Corrections and Community Supervision

[cid:image003.png@01D3C10C.20EDA590]
Andrew m. cuomo
Governor

ANTHONY J. aNNUCCI
Acting Commissioner

This is in response to your email requesting records under the New York State Freedom of Information Law.

We are attempting to determine what, if any, records are available concerning your request. We expect to be forwarding a response by April 18, 2018.

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov

From: Department of Corrections and Community Supervision

[cid:image003.png@01D1812A.101869E0]
Andrew m. cuomo
Governor

ANTHONY J. aNNUCCI
Acting Commissioner

This is in response to your New York State Freedom of Information Law request.

We are sorry for the delay; however, we are in the process of reviewing records that may be responsive to your request in accordance with the New York State Freedom of Information Law. We expect to be forwarding a response by May 16, 2018.

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov<http://www.doccs.ny.gov/>

From: Department of Corrections and Community Supervision

Please refer to the attached email sent on April 18, 2018.

Thank you.

From: Department of Corrections and Community Supervision

[cid:image003.png@01D1812A.101869E0]
Andrew m. cuomo
Governor

ANTHONY J. aNNUCCI
Acting Commissioner

This is in response to your New York State Freedom of Information Law request.

We are sorry for the delay; however, we are in the process of reviewing records that may be responsive to your request in accordance with the New York State Freedom of Information Law. We expect to be forwarding a response by June 13, 2018.

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov<http://www.doccs.ny.gov/>

From: Freddy Martinez

Greetings,

Can you let me know when I should expect responsive records?

Thanks,
Freddy Martinez

From: Department of Corrections and Community Supervision

[cid:image003.png@01D1812A.101869E0]
Andrew m. cuomo
Governor

ANTHONY J. aNNUCCI
Acting Commissioner

This is in response to your New York State Freedom of Information Law request.

We are sorry for the delay; however, we are in the process of reviewing records that may be responsive to your request in accordance with the New York State Freedom of Information Law. We expect to be forwarding a response by July 11, 2018.

The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226-2050 │ (518) 457-8126 │ www.doccs.ny.gov<http://www.doccs.ny.gov/>

From: Freddy Martinez

Department of Corrections,

Can your office provide an accurate date on when I can expect records? I have not received them even though I have been waiting for months after they were due to me under the New York FOIL law.

Freddy Martinez

From: Freddy Martinez

FOIA officers

Please be aware that we are due responsive records and we are treating your offices refusal to provide accurate data about when we can expect records as a denial under the New York FOIL statue. We will be exploring our rights under FOIL including the right to a lawsuit.

Please call me as soon as possible to discuss this request 4023326957.

Best
Freddy Martinez.

From: Freddy Martinez

I attempted to return your office’s call to discuss this FOIL and was not able to reach your office. Can you attempt to call me again?

Freddy

From: Department of Corrections and Community Supervision

Mr. Martinez,

We are finalizing the redactions of this FOIL and it should be done in short order.

From: Freddy Martinez

Thank you for the update.

Can I expect the final documents sometime this week?

Best,
Freddy Martinez

From: Freddy Martinez

Hello

It has been two weeks since I asked if I can expect documents this week? Can you please provide an accurate timeline for when I can expect records?

- Freddy

From: Department of Corrections and Community Supervision

Mr. Martinez,

Apologies for the delay. Your FOIL request is with our legal staff for redactions. A response will be forthcoming upon completion of their review.

Thank you for your patience.

From: Freddy Martinez

To Whom It May Concern,

Pursuant to the New York FOIL law, I am appealing the denial of this request. Under New York FOIL : "failure by an agency to conform to the provisions of subdivision three of this section shall constitute a denial." Therefore I am appealing this denial of my request for records and prompt your office to review my many requests.

The full request and its history can be viewed at this link: https://www.muckrock.com/foi/new-york-16/foil-clemency-applications-51491

Best,
Freddy Martinez

From: Freddy Martinez

To Whom It May Concern,

I have yet to receive records which where do to me in _May_ of this year not have I heard of this office acknowledge my appeal of this denial. When can I expect a realistic response to my records request?

Freddy Martinez

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