Records About Deceased Defendant

Mr. McElwee,

I am writing to acknowledge receipt of your recent email, in which you seek records pursuant to New York Public Officers Law, Article 6, sections 84 et seq., the Freedom of Information Law (“FOIL”). Be advised that ADA Dennehy is no longer part of this Office’s FOIL Unit, has not been a member of the FOIL Unit for several years and, consequently, your requests should no longer be sent to his attention.

Please be advised that your request is being processed and a search for responsive records has commenced. Based upon an initial review of your request, and an estimate of what is required to complete it, this agency has determined that it will be unable to respond to your request in full within the next twenty (20) business days. The reasons we cannot process your request within the next twenty (20) business days include:

1. The volume of the requests we received prior to yours.

1. The work needed to process said requests,

1. The fact that this agency processes requests in the order in which they are received,

1. The anticipated size of the files from which you have requested records,

1. The fact that the records you requested may not be contained within a single, readily identifiable, on-site source, and, most significantly,

1. The fact that this Office’s Records Access Officers (RAOs), are still tackling a Covid-related backlog of FOIL requests that accrued over a two-year period wherein, due to limited on-site staffing, we were unable to access our physical files.

Accordingly, for all of these reasons, you can expect a determination on or about February 2, 2023, which date is “reasonable under the circumstances of (your) request(s).” within the meaning of Public Officers Law § 89(3)(a). See Data Tree, LLC v. Romaine, 9 N.Y.3d 454, 465 (2007) ([T]ime needed to comply with a request may be dependent on a number of factors, including the volume of the request and the retrieval methods. Compliance with FOIL request may require substantial time and may not require agency to provide such records in a time other than that which is reasonable in view of the attendant circumstances). In the determination any statutorily authorized fees incurred in processing your request will be listed. These fees must be paid before this agency will release any records. Pub Off. L. § 87(1)(b)(iii).

If you do not receive a determination by that the date set forth above, please do not hesitate to contact us. Alternatively, you may appeal a “constructive denial” upon the expiration of that date by writing to: John C. Carroll, Esq., FOIL Appeals Officer, Kings County District Attorney’s Office, 350 Jay Street, 20th Floor, Brooklyn, NY 11201. ADA Carroll is copied on this email
___________________________
Sincerely,

Douglas O’Connell
Paralegal Supervisor
FOIL Records Access Officer
(718) 250-4742

Mr. McEkwee,

As you were previously advised, you can expect a determination on or about February 2, 2023, which date is "reasonable under the circumstances of (your) request(s)." within the meaning of Public Officers Law § 89(3)(a). See Data Tree, LLC v. Romaine, 9 N.Y.3d 454, 465 (2007) ([T]ime needed to comply with a request may be dependent on a number of factors, including the volume of the request and the retrieval methods. Compliance with FOIL request may require substantial time and may not require agency to provide such records in a time other than that which is reasonable in view of the attendant circumstances). In the determination any statutorily authorized fees incurred in processing your request will be listed. These fees must be paid before this agency will release any records. Pub Off. L. § 87(1)(b)(iii).

If you do not receive a determination by that the date set forth above, please do not hesitate to contact us. Alternatively, you may appeal a "constructive denial" upon the expiration of that date by writing to: John C. Carroll, Esq., FOIL Appeals Officer, Kings County District Attorney's Office, 350 Jay Street, 20th Floor, Brooklyn, NY 11201. ADA Carroll is copied on this email

___________________________
Sincerely,

Douglas O'Connell
Paralegal Supervisor
FOIL Records Access Officer
(718) 250-4742

Mr. McElwee,

I am writing in response to your request for records pursuant to New York Public Officers Law, Article 6, sections 84 et seq., the Freedom of Information Law ("FOIL"). Unfortunately, your request cannot be fulfilled because, even though this was a Kings County case, this matter was handled by the Richmond County District Attorney's Office as Special Prosecutor, and not by the Kings County District Attorney's Office. Thus, no records responsive to your request would have been generated by the Kings County District Attorney's Office, and the Freedom of Information Law does not require this office to obtain records elsewhere if they cannot be located within our files. See Public Officers Law § 89(3); Badalamenti v. Office of DA Nassau County, 89 A.D.3d 1019 (2d Dep't 2011); Lewis v. Hynes, 208 A.D.2d 731 (2d Dep't 1994); Adams v. Hirsch, 182 A.D.2d 583 (1st Dep't 1992). Your request should instead be submitted to the appropriate District Attorney's Office.

You may appeal from this determination within thirty (30) days by writing to: John C. Carroll, Esq., FOIL Appeals Officer, Kings County District Attorney's Office, 350 Jay Street, 20th Floor, Brooklyn, NY 11201. ADA Carroll is copied on this email.
___________________________
Sincerely,

Douglas O'Connell
Paralegal Supervisor
FOIL Records Access Officer
(718) 250-4742