NYPD/OCME - State Communications (Office Of The Chief Medical Examiner, New York)

The NYC Office of the Chief Medical Examiner (OCME) has denied your FOIL request FOIL-2019-816-00041 for the following reasons:
Dear Mr. Lubben: This correspondence is in response to your January 14, 2019 FOIL request FOIL-2019-816-0004. Your request for communications between the United States Department of State regarding “regarding OCME or NYPD withholding or modifying records or statements to the public between November 5, 2015 and December 1, 2018, including without limitation any State Department requests relating to the deaths of (i) Vitaly Churkin on or about February 20, 2017 at 136 E. 67th Street (Russian mission to the UN) and (ii) Sergei Krivov on or about November 8, 2016 at 11 E. 91st Street (Russian consulate), and any communications within the NYPD or OCME (as applicable) or with other city agencies regarding such requests” constitute inter-agency or intra-agency interactions. Therefore, your request for such communications is denied pursuant to New York State Public Officers Law §87(2)(g) which states that documents believed to be inter-agency or intra-agency materials are exempt from release which are not: (i) Statistical or factual tabulations or data; (ii) Instructions to staff that affect the public; (iii) Final agency policy or determinations; or (iv) External audits, including but not limited to audits performed by the comptroller and the federal government. In addition, your request is also denied pursuant to §87(2) (b) of the Freedom of Information Law because disclosure would constitute an unwarranted invasion of personal privacy. Moreover, in order to comply with international law and protocol, the New York City Law Department has instructed the Office of Chief Medical Examiner to not publicly disclose the cause and manner of death of Ambassador Vitaly Churkin, Permanent Representative of the Russian Federation to the United Nations. As outlined in formal requests from the United States Department of State, Ambassador Churkin’s diplomatic immunity survives his death. Under the U.S. Constitution’s Supremacy Clause, local laws and protocols are pre-empted by conflicting provisions of treaties to which the United States is a party. Further questions concerning this matter should be directed to the United States Department of State. If you wish to appeal this decision, you may do so within thirty (30) days of its receipt. You may appeal to: Leslie C. Kamelhar, Esq., FOIL Appeals Officer, Office of Chief Medical Examiner, 421 East 26th Street, New York, NY 10016. Sincerely, Preethi Swamy Records Access Officer