Layleen Xtravaganza Cubilette-Polanco Medical Examiner Report

Brianna Knibbs filed this request with the Office Of The Chief Medical Examiner, New York of New York.
Tracking #

FOIL-2023-816-00466

Status
Rejected

Communications

From: Brianna Knibbs

To Whom It May Concern:

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

copy of medical examiner report of Layleen Xtravaganza Cubilette-Polanco, an inmate who died in Rikers Island on 06/07/2019.

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,

Brianna Knibbs

From: Office Of The Chief Medical Examiner, New York

Your request FOIL-2023-816-00466 has been successfully submitted to the NYC Office of the Chief Medical Examiner (OCME).
The details of your request are shown below.

Request Title: Layleen Xtravaganza Cubilette-Polanco Medical Examiner Report

Request Description: To Whom It May Concern:

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

copy of medical examiner report of Layleen Xtravaganza Cubilette-Polanco, an inmate who died in Rikers Island on 06/07/2019.

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,

Brianna Knibbs

Upload documents directly: https://www.muckrock.com/


Requester's Contact Information



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Brianna Knibbs

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You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2023-816-00466. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-816-00466)

From: Office Of The Chief Medical Examiner, New York

The NYC Office of the Chief Medical Examiner (OCME) has denied your FOIL request FOIL-2023-816-00466 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-816-00466)

Hello,
I am responding to your Freedom of Information Law (“FOIL”) request, received on , which states: April 24, 2023
“ To Whom It May Concern: Pursuant to the New York Freedom of Information Law, I hereby request the following records: copy of medical examiner report of Layleen Xtravaganza Cubilette-Polanco, an inmate who died in Rikers Island on 06/07/2019. 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, Brianna Knibbs Upload documents directly: " https://www.muckrock.com/ (https://www.muckrock.com/
Please be advised that the Office of Chief Medical Examiner (“OCME”) does not release decedent records/autopsy reports pursuant to FOIL, as the release of such records would result in an unwarranted invasion of personal privacy, pursuant to New York State Public Officers Law, Article 6, Section 87(2)(b) and Section 89(2). If you are a non-family member, you can obtain a copy of the ME case file, which contains the autopsy report, by submitting a Letter of Request to OCME’s Records Department. If you are also requesting photos and any x-rays, your request/authorization letter must specify that you are requesting the complete medical examiner case file including photos and x-rays. The Letter of Request should include: (1) your name, (2) the decedent’s name, (3) the decedent’s ME Case Number, (4) a return address, and (5) your signature.
In addition, the above records request must be submitted with an original, notarized authorization from decedent’s next-of-kin which states that such records may be released to you (next-of-kin are spouse/domestic partner, and blood relatives, who are a first cousin or closer). The authorization must also contain the authorizer’s relationship to the decedent; if the authorizer’s relationship to the decedent is legal (e.g., Executor, Administrator, Power of Attorney) rather than familial, a copy of the documentation establishing that relationship (e.g., Letters Testamentary, Letters of Administration, Power of Attorney + Letters of Administration/Testamentary) must accompany the authorization. The written request for decedent records, along with the requisite authorization (and other documents, as applicable), should be submitted by email to ocmerecordsrequest@ocme.nyc.gov (non-family requests only) OR by mail to:
The Office of Chief Medical Examiner
Attention: Records Department
421 East 26th Street, 4 th Floor
New York, New York 10016
Additionally, you can find more information about requesting decedent records/autopsy reports on OCME’s website at https://www1.nyc.gov/site/ocme/about/faq.page (https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww1.nyc.gov%2Fsite%2Focme%2Fabout%2Ffaq.page&data=05%7C01%7Cfoil%40ocme.nyc.gov%7Cb552cf7c1b7e492423dd08db4507cbe5%7C32f56fc75f814e22a95b15da66513bef%7C0%7C0%7C638179672012477185%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=H6ReHgVDYTpyMY2vtA%2B9hF398rRL0d1RQzrf69cKZp0%3D&reserved=0) or you can call OCME’s Family Service Center at 212-447-2030.
If you wish to appeal this decision, you may do so within thirty (30) days of its receipt. You may appeal to: Geoff Crary, Esq., FOIL Appeals Officer, Office of Chief Medical Examiner, 421 East 26th Street, New York, NY 10016.
Thank you,
Vaughn Browne Records Access Officer
Please visit FOIL-2023-816-00466 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-816-00466)

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