Howard Zemsky Last 200 Pages of Emails With "Mastroianni"

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

It is a clone of this request.

Status
Rejected

Communications

From: Taylor-Scott Amarel

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 "Mastroianni"

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-Scott Amarel

From: Empire State Development

Dear Mr. Amarel:

ESD is in receipt of the attached FOIL request 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 #2834 - Howard Zemsky Last 200 Pages of Emails With Mastroianni

From: Empire State Development

Dear Mr. Amarel:

Please be advised that ESD continues to review documents related to the attached FOIL request 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 June 19, 2019.

Thank you.

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

  • Amarel FOIL Request #2834 - Howard Zemsky Last 200 Pages of Emails With Mastroianni

From: Empire State Development

Dear Mr. Amarel:

ESD previously advised you in the attached email, sent on May 7, 2019, and in the language you have quoted below (emphasis added) that that ESD continues to review documents related to the attached FOIL request #2834 (for reference in any future inquiries) 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 June 19, 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>

From: Empire State Development

Dear Mr. Amarel

This email responds to your April 1, 2019, FOIL request for the following:

...the last 200 pages of emails sent to, from, or copied to Howard Zemsky that contain the non-case-sensitive key-string "Mastroianni"

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 responsive records 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 ยง89(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-Scott Amarel

I wish to appeal this determination and request clarification on the number of records being withheld (pages) as well as a breakdown on the number of pages being withheld pursuant to each of the exceptions cited, (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."

Finally, all communications with the key-string Mastroianni are of significant interest. Members of the Mastroianni family have significant impact on the public via their development projects, lobbying efforts, connections to the EB-5 program, as well as connections to the Kushner and Trump families. A simple google search of "Mastroianni and Kushner", "Mastroianni and EB-5" and/or "Mastroianni and Trump" reveals that national impact of these activities and highlights that fact that all government communications mentioning Mastroianni are of significant public interest and impact.

From: Empire State Development

Mr. Amarel,

Attached you will find my response to your FOIL appeal, dated June 10, 2019. 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.

From: Taylor-Scott Amarel

Hi,

Thanks so much for your help with this request, I appreciate the response.

However, these items are still of significant public interest. The Mastroianni family is of significant public interest, among other things:

1.) The family controls large blocks of real estate throughout the United States;
2.) The family is involved in the controversial EB-5 program which has been subject to debates at state and federal government levels;
3.) The family has been subject to numerous lawsuits that effect law-income tenants, EB-5 investors, and others (https://therealdeal.com/2019/02/28/mastroianni-usif-hit-with-racketeering-suit-over-eb-5-investments-at-times-square-project-in-legal-back-and-forth/, https://www.law.com/dailybusinessreview/2018/10/15/chinese-eb-5-investors-claim-99m-fraud-at-nicholas-mastroianni-iis-harbourside-place/, and many more)
4.) The family has been tied to fraud allegations connected to the Trump family (https://www.floridabulldog.org/2018/10/fraud-allegations-against-developer-political-donor-with-ties-to-trump-kushner/)
5.) The family has facilitated the marketing of projects for Jared Kushner and the extended Trump family (https://www.revealnews.org/article/days-after-election-kushner-biz-partner-marketed-trump-win-in-china/)
6.) The family has been linked to possible conflict of interest schemes (https://foreignpolicyblogs.com/2017/06/06/trump-kushner-china-conflict-of-interest/)
7.) The family has/had strong connections with Rudy Guiliani and others involved in the elite real estate and presidential circles (https://www.wsj.com/articles/trump-lawyer-helped-recruit-corporate-client-with-ties-to-kushner-probe-1525902417)
8.) The family has been mentioned in letters to the Senate Judiciary committed regarding its involvement in raising funds from foreign investors (https://judiciary.house.gov/sites/democrats.judiciary.house.gov/files/documents/Letter%20to%20Kushner%20Companies%206.1.17_0.pdf)
9. ) The family has connections with Michael Cohen (https://downwithtyranny.blogspot.com/2018/05/swamp-times-billion-michael-cohen.html)
10.) The family has been pictured with a number of high profile individuals with political influence that is of significant public interest. (https://www.reddit.com/r/The_Mueller/comments/8kyuxm/why_did_giuliani_meet_with_the_eb5_execs_that_got/)

Given such significant public interest, it is requested that you reconsider your denial or released the emails with partial redactions, such as redacting the headers and releasing the content or redacting the content and releasing the headers. Even the dates of these emails could be of significant public interest and therefore, at the very minimum you should release the dates of the emails.

Please confirm receipt and state whether your will make a reconsideration of this request. If you can not make additional releases additional legal action may be taken as these records are of significant importance - therefore, please provide your address for service or legal contact. It is requested that this matter be handled expeditiously, as the country gears up for federal and state elections it is necessary that the public know about these records. Even if the contents of the records are not directly of 'interest' the release of the records are of public interest because it may provide clarification as to what type of dealings the Mastroianni family is involved in and may quell fears of unethical behavior or provide the public with information about about unethical behavior that could be used for them to make voting decisions.

Sincerely,
Taylor-Scott Amarel

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