Records request: Arfan Butt (1986-2020)

Dear T. McElwee:

I am writing to acknowledge receipt of your September 16, 2020 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”).

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: the volume of the requests we received prior to yours, the work needed to process said requests, the fact that the records you requested may not be contained within a single, readily-identifiable, source and, most significantly, the fact that this Office is operating with a skeleton crew due to the ongoing coronavirus emergency, during which time most of our staff, including our FOIL Records Access Officers, are working remotely from home. It is noted that this agency processes requests in the order in which they are received.

For these reasons, you can expect a determination on or about March 16, 2021. 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).

Finally, please note that, while some responsive records will be available to you under FOIL, the preponderance of the records that you requested, which identify the victim of a sex offense, as defined in article one hundred thirty or sections 255.25, 255.26 or 255.27 of the penal law, are specifically and statutorily exempted from disclosure under FOIL. See Civil Rights Law § 50-b(1); Public Officers Law § 87(2)(a); see also Fappiano v. New York City Police Dep’t, 95 N.Y.2d 738 (2001). Civil Rights Law § 50-b[1] exempts from disclosure “records that tend to identify the victim of a sex offense”. This office is not required by FOIL to provide redacted copies of these records. See Karlin v. McMahon, 96 N.Y.2d 842, 843 (2001) (agency had no obligation to provide records relating to victims of sex crime, “even though redaction might remove all details which ‘tend to identify the victim’”). Additionally, this office and its officers can be held liable for damages should such information be wrongfully disclosed in violation of the victim’s civil rights. See Civil Rights Law § 50-c.

Absent a signed, notarized access authorization from the victim of a sex offense or a person legally responsible for the victim’s care, a party seeking disclosure of records containing the identity of said victim must, upon application to a court having jurisdiction over such offense, demonstrate to the satisfaction of the court that good cause exists for disclosure to that party. Furthermore, such application must be made upon notice to the victim and to this office. See Civil Rights Law §§ 50-b(2)(b) and (c).

If you do not receive a determination by 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: FOIL Appeals Officer, Kings County District Attorney’s Office, 350 Jay Street, 20th Floor, Brooklyn, NY 11201.
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Sincerely,

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

Dear “T. McElwee”

I am writing with respect to your September 16, 2020 request for records pursuant to New York Public Officers Law, Article 6, sections 84 et seq., the Freedom of Information Law (“FOIL”).

Please be advised that on two occasions (first on October 2, 2020, and again just now) I have received a SPAM notification indicating that you have attempted to contact us regarding your request. Unfortunately, after whitelisting your email, it has failed to be delivered to my inbox. I note that this has never occurred with any other correspondence caught within our spam filters nor, indeed, with requests or follow-up emails from any other “Muckrocker”. In any event, because I cannot access your emails, I cannot respond to them. Accordingly, it is suggested that you email me directly at oconneld@brooklynda.org<mailto:oconneld@brooklynda.org> or call me at the number below in order for us to assist you with your request. Otherwise we will be unable to assist you and will process your request, as noted below, on or about March 16, 2021.

You may appeal from this determination within thirty days by writing to: George B. Forbes, Esq., FOIL Appeals Officer, Kings County District Attorney’s Office, 350 Jay Street, 20th Floor, Brooklyn, NY 11201. ADA Forbes is copied on this e-mail.
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Sincerely,

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

OK. Thanks.
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Sincerely,

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

[cid:38f2f1c6-7b99-405f-ac07-af545aa98129]

O'CONNEL, DOUGLAS shared a file with you

Dear “T. McElwee”

Below you will find a link to this Office’s determination regarding your Freedom of Information Law (“FOIL”) request, as well as the requested records. Please download contents immediately, as this One Drive folder will be deleted after 30 days.

Sincerely,

Douglas O’Connell
Paralegal Supervisor
FOIL Records Access Officer

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