Howard Zemsky Last 200 Pages of Emails With "Extell"

Taylor Amarel Scott filed this request with the Empire State Development of New York.
Tracking #

2984

Status
Rejected

Communications

From: Taylor Amarel Scott


To Whom It May Concern:

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

I would like to obtain the last 200 pages of emails sent to, from, or copied to Howard Zemsky that contain the non-case-sensitive key-string "fraud", "money laundering", or "scam".

You may start with the most recent email (as of the time you receive this request). Convert this email to PDF and then proceed to the immediately prior email until 200 pages of emails have been produced.

I request that you ignore spam, junk mail, or newsletters.

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,

Taylor Amarel Scott

From: Empire State Development

Dear Mr. Amarel:

ESD is in receipt of the attached FOIL requests seeking access to certain records of the New York State Urban Development Corporation ("UDC") doing business as Empire State Development ("ESD").

ESD is considering your request in accordance with the Freedom of Information Law (Public Officers law, Section 84 et seq.) and its rules concerning access to the records of the Corporation. ESD will notify you of the results of its search for responsive documents within twenty (20) business days.

Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

IMPORTANT: This e-mail message and any attachments contain information intended for the exclusive use of the individual(s) or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please immediately notify the sender by electronic mail or notify the System Administrator by telephone (518)292-5180 or e-mail (administrator@esd.ny.gov) and delete the message. Thank you.

  • Amarel FOIL Request #2984 -Howard Zemsky Last 200 Pages of Emails With Extell

From: Taylor Amarel Scott

Thank you!

From: Empire State Development

Hi Jas - Please see Mr. Amarel's e-mail below. Do you understand what he means when he says that this is regarding a previous request? Thanks. - Regina

  • Amarel FOIL Request #2984 -Howard Zemsky Last 200 Pages of Emails With Extell

From: Empire State Development

Dear Mr. Amarel:

Please be advised that ESD continues to review documents related to the attached FOIL requests in accordance with the Freedom of Information Law (Public Officers Law, Section 84 et seq.) ("FOIL") and its rules concerning access to ESD's records. ESD will notify you of the status of its review and endeavor to provide you with any responsive documents and/or determination(s) made pursuant to FOIL on or before November 8, 2019.

Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

  • Amarel FOIL Request #2984 -Howard Zemsky Last 200 Pages of Emails With Extell

From: Empire State Development

Dear Mr. Amarel,

As highlighted in the email of September 26 below, ESD continues to review documents related to the attached FOIL requests in accordance with the Freedom of Information Law (Public Officers Law, Section 84 et seq.) ("FOIL") and its rules concerning access to ESD's records. ESD will notify you of the status of its review and endeavor to provide you with any responsive documents and/or determination(s) made pursuant to FOIL on or before November 8, 2019.

Thank you.

Records Access Officer
FOIL@esd.ny.gov

From: Empire State Development

Dear Mr. Amarel:

Please be advised that ESD continues to review documents related to the attached FOIL requests in accordance with the Freedom of Information Law (Public Officers Law, Section 84 et seq.) ("FOIL") and its rules concerning access to ESD's records. ESD will notify you of the status of its review and endeavor to provide you with any responsive documents and/or determination(s) made pursuant to FOIL on or before December 24, 2019.

Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

  • Amarel FOIL Request #2984 -Howard Zemsky Last 200 Pages of Emails With Extell

From: Empire State Development

From: requests@muckrock.com <requests@muckrock.com>
Sent: Monday, November 25, 2019 5:03 AM
To: esd.sm.foil <FOIL@esd.ny.gov>
Cc: esd.sm.foil <FOIL@esd.ny.gov>
Subject: RE: New York Freedom of Information Law Request #2984

ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails.

Empire State Development
FOIL Office
633 3rd Avenue
New York, NY 10017

November 25, 2019

This is a follow up to request number 2984:

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 Aug. 21, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #2984.

Thanks for your help, and let me know if further clarification is needed.

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://accounts.muckrock.com/accounts/login/?next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fempire-state-development-2616%252Fhoward-zemsky-last-200-pages-of-emails-with-extell-79138%252F%253Femail%253DFOIL%252540esd.ny.gov&url_auth_token=AAAWh_GEacafHf3zs-aVfEcBfck%3A1iZBD5%3AJKrgOmidxCHMf5A5u7odQ4skRgk<https://protect2.fireeye.com/url?k=0f52e9a9-536a4ecb-0f50109c-000babd9f75c-52cc417f6ab652d5&q=1&u=https%3A%2F%2Faccounts.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3Dhttps%253A%252F%252Fwww.muckrock.com%252Faccounts%252Flogin%252F%253Fnext%253D%25252Faccounts%25252Fagency_login%25252Fempire-state-development-2616%25252Fhoward-zemsky-last-200-pages-of-emails-with-extell-79138%25252F%25253Femail%25253DFOIL%25252540esd.ny.gov%26url_auth_token%3DAAAWh_GEacafHf3zs-aVfEcBfck%253A1iZBD5%253AJKrgOmidxCHMf5A5u7odQ4skRgk>
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 79138
411A Highland Ave
Somerville, MA 02144-2516

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 Nov. 8, 2019:
Subject: FW: (#2984 Amarel) FOIL Request - Status Update
Dear Mr. Amarel:

Please be advised that ESD continues to review documents related to the attached FOIL requests in accordance with the Freedom of Information Law (Public Officers Law, Section 84 et seq.) ("FOIL") and its rules concerning access to ESD's records. ESD will notify you of the status of its review and endeavor to provide you with any responsive documents and/or determination(s) made pursuant to FOIL on or before December 24, 2019.

Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov%3cmailto:FOIL@esd.ny.gov>>

---

On Oct. 11, 2019:
Subject: RE: New York Freedom of Information Law Request #2984
Dear Mr. Amarel,

As highlighted in the email of September 26 below, ESD continues to review documents related to the attached FOIL requests in accordance with the Freedom of Information Law (Public Officers Law, Section 84 et seq.) ("FOIL") and its rules concerning access to ESD's records. ESD will notify you of the status of its review and endeavor to provide you with any responsive documents and/or determination(s) made pursuant to FOIL on or before November 8, 2019.

Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>
---

On Sept. 26, 2019:
Subject: FW: (#2984 Amarel) FOIL Request - Status Update
Dear Mr. Amarel:

Please be advised that ESD continues to review documents related to the attached FOIL requests in accordance with the Freedom of Information Law (Public Officers Law, Section 84 et seq.) ("FOIL") and its rules concerning access to ESD's records. ESD will notify you of the status of its review and endeavor to provide you with any responsive documents and/or determination(s) made pursuant to FOIL on or before November 8, 2019.

Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov%3cmailto:FOIL@esd.ny.gov>>

---

On Aug. 28, 2019:
Subject: RE: New York Freedom of Information Law Request: Howard Zemsky Last 200 Pages of Emails With "Extell"
Hi Jas - Please see Mr. Amarel's e-mail below. Do you understand what he means when he says that this is regarding a previous request? Thanks. - Regina

---

On Aug. 28, 2019:
Subject: RE: New York Freedom of Information Law Request: Howard Zemsky Last 200 Pages of Emails With "Extell"
Thank you!
---

On Aug. 21, 2019:
Subject: New York Freedom of Information Law Request: Howard Zemsky Last 200 Pages of Emails With "Extell"

To Whom It May Concern:

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

I would like to obtain the last 200 pages of emails sent to, from, or copied to Howard Zemsky that contain the non-case-sensitive key-string "fraud", "money laundering", or "scam".

You may start with the most recent email (as of the time you receive this request). Convert this email to PDF and then proceed to the immediately prior email until 200 pages of emails have been produced.

I request that you ignore spam, junk mail, or newsletters.

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,

Taylor Amarel Scott

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com<mailto:requests@muckrock.com>
Upload documents directly: https://accounts.muckrock.com/accounts/login/?next=https%3A%2F%2Fwww.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3D%252Faccounts%252Fagency_login%252Fempire-state-development-2616%252Fhoward-zemsky-last-200-pages-of-emails-with-extell-79138%252F%253Femail%253DFOIL%252540esd.ny.gov&url_auth_token=AAAWh_GEacafHf3zs-aVfEcBfck%3A1iZBD5%3AJKrgOmidxCHMf5A5u7odQ4skRgk<https://protect2.fireeye.com/url?k=6c77e4bc-304f43de-6c751d89-000babd9f75c-ebd1ac1f13cec16a&q=1&u=https%3A%2F%2Faccounts.muckrock.com%2Faccounts%2Flogin%2F%3Fnext%3Dhttps%253A%252F%252Fwww.muckrock.com%252Faccounts%252Flogin%252F%253Fnext%253D%25252Faccounts%25252Fagency_login%25252Fempire-state-development-2616%25252Fhoward-zemsky-last-200-pages-of-emails-with-extell-79138%25252F%25253Femail%25253DFOIL%25252540esd.ny.gov%26url_auth_token%3DAAAWh_GEacafHf3zs-aVfEcBfck%253A1iZBD5%253AJKrgOmidxCHMf5A5u7odQ4skRgk>
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.

For mailed responses, please address (see note):
MuckRock News
DEPT MR 79138
411A Highland Ave
Somerville, MA 02144-2516

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.
[http://email.requests.muckrock.com/o/eJwNyUsKwjAQANDTmGWYSWfacZFFrBQEwSNIm4-GWouJFby9vu0LlrlVcRnz45qDRSASEXW3TSL2krpp4sBxSswokqgbA6cU2KhsDeAe0TACNNho1M65VsjAQL079N1xR1Dia4v1XfWy-bmsftZ-XVSxw-V0_nesQT-_-rZ-fkfpJ6g]
IMPORTANT: This e-mail message and any attachments contain information intended for the exclusive use of the individual(s) or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please immediately notify the sender by electronic mail or notify the System Administrator by telephone (518)292-5180 or e-mail (administrator@esd.ny.gov) and delete the message. Thank you.

From: Empire State Development

Dear Mr. Amarel,

This email responds to your August 21, 2019, FOIL request describes as follows:

I would like to obtain the last 200 pages of emails sent to, from, or copied to Howard Zemsky that contain the non-case-sensitive key-string "fraud", "money laundering", or "scam".
You may start with the most recent email (as of the time you receive this request). Convert this email to PDF and then proceed to the immediately prior email until 200 pages of emails have been produced.
I request that you ignore spam, junk mail, or newsletters.

Pursuant to Public Officers Law 87(2)(g), we have withheld the records responsive to your request from disclosure as they are “inter-agency or intra-agency materials which are not (i) statistical or factual tabulations or data; (ii) instructions to staff that affect the public; (iii) final agency policy or determination; (iv) external audits, including but not limited to audits performed by the comptroller and the federal government.”

Pursuant to Public Officers Law §89(4)(a), you have thirty (30) days to appeal this determination. An appeal of any portion of this determination should be directed to Empire State Development’s appeals officer, New York State Urban Development Corporation d/b/a Empire State Development, 633 Third Avenue, 37th Floor, New York, NY 10017, FOILAppeal@esd.ny.gov<mailto:FOILAppeal@esd.ny.gov>.

Kindly confirm receipt of this email. Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

IMPORTANT: This e-mail message and any attachments contain information intended for the exclusive use of the individual(s) or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please immediately notify the sender by electronic mail or notify the System Administrator by telephone (518)292-5180 or e-mail (administrator@esd.ny.gov) and delete the message. Thank you.

From: Taylor Amarel Scott

To Whom This May Concern,

I would like to appeal this determination. Extell is a major developer within the North East and the projects run by Extell, often in collaboration with government offices, have significant impact on the socio-economic well being of individuals within New York. Therefore, any discussion about Extell is of significant public interest.

Furthermore, in line with policies that generally forbid the wholesale withholding of documents, any documents or conversations that are exempt from disclosure should be only partially redacted. The time, title of email, meta data, and other particulars which are almost certainly not subject to redaction should be released.

Thank you.

From: Empire State Development

Dear Mr. Amarel,

Your December 3 email below appears to be following up on an appeal to FOIL Response - Amarel #2984 that ESD sent you on November 25, 2019.

ESD has not previously received any email containing your apparent appeal (highlighted by ESD below) seemingly dated November 26 and immediately preceding the December 3 communication in the email string below.

Therefore we will process your appeal received on December 3 for your request for the last 200 pages of emails sent to, from, or copied to Howard Zemsky that contain the non-case-sensitive key-string "fraud", "money laundering", or "scam".

Please feel free to submit any previous communications indicating that you appealed at an earlier date.

Kindly confirm receipt of this email. Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

From: Empire State Development

Good Afternoon Mr. Amarel,

Attached you will find my response to your FOIL Appeal. Please confirm receipt of this email.

Thank you,

Julene E. Beckford
Senior Counsel and
Records Access Appeals Officer

Empire State Development
633 Third Avenue, New York, NY 10017
(212) 803-3786 | Julene.Beckford@esd.ny.gov<mailto:Julene.Beckford@esd.ny.gov>

www.esd.ny.gov<http://www.esd.ny.gov/>

IMPORTANT: This e-mail message and any attachments contain information intended for the exclusive use of the individual(s) or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please immediately notify the sender by electronic mail or notify the System Administrator by telephone (518)292-5180 or e-mail (administrator@esd.ny.gov) and delete the message. Thank you.

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