FOIL logs

ALEXANDER RICCIO filed this request with the Metropolitan Transit Authority (MTA), New York City Transit of New York.
Tracking #

R001693-110823

Status
Rejected

Communications

From: ALEXANDER RICCIO

To Whom It May Concern:

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

A log of all requests for agency records under the Freedom of Information Law received since January 1, 2020.

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: Metropolitan Transit Authority (MTA), New York City Transit

Dear ALEXANDER RICCIO:
This message confirms receipt of your FOIL request. Your FOIL request was received in this office on 11/8/2023 and given the reference number R001693-110823 for tracking purposes.
Records Requested: To Whom It May Concern:

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

A log of all requests for agency records under the Freedom of Information Law received since January 1, 2020.

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

Upload documents directly: https://www.muckrock.com/
We will provide you with an acknowledgment of your FOIL request within 5 business days.

Sincerely,
Metropolitan Transportation Authority To monitor the progress or update this request, please log into the FOIL Records Access Center

From: Metropolitan Transit Authority (MTA), New York City Transit

RE: FOIL Records Request of November 08, 2023., Reference # R001693-110823
Dear ALEXANDER RICCIO,
The Metropolitan Transportation Authority received a FOIL request from you on November 08, 2023. Your request mentioned: "To Whom It May Concern:

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

A log of all requests for agency records under the Freedom of Information Law received since January 1, 2020.

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

Upload documents directly: https://www.muckrock.com/
We are writing to acknowledge receipt of the above referenced FOIL request. This is to advise you that we are in the process of reviewing our files for the records you requested and anticipate being able to furnish you with your response within thirty (30) business days.  Access to any record requested will be determined in accordance with the Public Officers Law.
Please be advised that pursuant to the NY Public Officers Law there is a copying charge of twenty-five cents ($0.25) per page provided in response to an appropriate FOIL request.
Sincerely,
Metropolitan Transportation Authority

From: ALEXANDER RICCIO

In my prior dealings with city and state agency FOIL requests, I have seen the agency proffer dates 60 days ahead as the expected completion date, only to further delay by 60 days on that date. More than one agency illegally repeated this at least a half dozen times.

Can I expect this FOIL request to actually be completed on or before December 29, 2023? If not, I will not hesitate to appeal on grounds of constructive denial.

From: ALEXANDER RICCIO

Please confirm for me that the estimated completion date of December 29, 2023 is accurate and true.

Should this date later be revised, let the record reflect that I made efforts to work with the agency before reaching for the route of appeal on grounds of constructive denial.

From: Metropolitan Transit Authority (MTA), New York City Transit

--- Please respond above this line ---

Dear Alexander Riccio:
Please be advised that your FOIL request is in progress but is requiring a little more time to respond to as the documents that were found to be potentially responsive are undergoing an analysis for responsiveness, legal privileges and applicable FOIL exemptions, pursuant to NYPOL §87(2) of the FOIL statute. Please allow an additional thirty (30) business days as we anticipate providing either a rolling or full response by March 11, 2024.

We apologize for any inconvenience.

MTA FOIL Unit

From: Metropolitan Transit Authority (MTA), New York City Transit

--- Please respond above this line ---

Dear Alexander Riccio:
A diligent search was performed for the records requested. In response to your request, please be referred to your FOIL Records Access Center for access to responsive documents which are attached therein and located under a tab labeled, "Attachments."
This completes the MTA's response to your FOIL request.
MTA FOIL Unit To monitor the progress or update this request please log into the FOIL Records Access Center

From: ALEXANDER RICCIO

It seems like many of the entries are only described as "FOIL Request". Can you please provide the logs with more useful information such as the actual request and not just a subject line?

From: Metropolitan Transit Authority (MTA), New York City Transit

--- Please respond above this line ---

Dear Alexander Riccio:
Thanks for your inquiry.
The MTA does not have any documents that are responsive to your FOIL submission in the form that you’ve described. Your request as framed requires the agency to search through its database/files to essentially create a new document, whereas at this time, the MTA's database is not maintained in a manner to locate the requested records in the form that you've described. The Freedom of Information Law specifies that “government agencies need not create new records to comply with that law.” As such, the MTA’s FOIL Office will not create a new record or document to fulfill your request in the manner that you've described. Please refer to Public Officers Law § 89(3) and Committee On Open Government Ad. Op. 16632a (June 18, 2007).
Hope this information is helpful. To this end, your FOIL request has been fulfilled and is now closed.
MTA FOIL Unit To monitor the progress or update this request please log into the FOIL Records Access Center

From: ALEXANDER RICCIO

Presumably, the agency must maintain some record of each request somehow to fulfil them. If they are not in a singular database, that means checking the records that you do not maintain in a database. You are not required to create a single new document if you merely forward the records that you must already maintain to fulfil FOIL requests.

I wish to appeal this determination, since my request has been closed.

Alternatively, the agency may provide me with a copy of every single responsive record provided under the Freedom of Information Law received since January 1, 2020. If that is easier, go ahead. I certainly have the right to request that - but I suspect that is more effort to do.

From:

Dear Alexander Riccio,

Attached, pleased find correspondence relating to your FOIL appeal.

Sheré Browne
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