Request for Real Estate Finance Bureau Review Manual

Jessie Gomez filed this request with the Office of the Attorney General - New York of New York.
Tracking #

G000035-011719

Status
Rejected

Communications

From: Jessie Gomez

To Whom It May Concern:

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

Any and all guidance documents that any attorney or engineer of the Real Estate Finance Bureau (REFB) has prepared to facilitate review of offering plans within the past ten years. Such guidance documents would likely include uniform comments that review attorneys and engineers may reference for efficient review of offering plans. For the purpose of this FOIL request, such guidance documents do not include REFB policy memoranda or cooperative policy statements available via the website of the Office of the Attorney General as of the date of this request. I am really looking for a handbook or manual that the Review Section of REFB uses internally. Any such document should be available to the public (as is the Securities & Exchange Commission's Financial Reporting Manual, available at https://www.sec.gov/divisions/corpfin/cffinancialreportingmanual.shtml).

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,

Jessie Gomez

From: Office of the Attorney General - New York

Re: FOIL Request #G000035-011719

Dear Mrs. Gomez:

This is an automated reply to your above-referenced FOIL request.  Please do not respond to this message.

Within five business days, you will receive a written acknowledgment of the receipt of your request with a statement of the approximate date when your request will be granted or denied.

New York State Office of the Attorney General

From: Office of the Attorney General - New York

January 25, 2019
RE:  Freedom of Information Law (FOIL) Request Reference # G000035-011719
Dear Mrs. Gomez:
Pursuant to Public Officers Law §89(3)(a), the Office of the Attorney General acknowledges receipt of the above-referenced FOIL request.
We are performing a diligent search for the records you request.  We will notify you of the status of your request on or before February 25, 2019.
If we should locate any documents that respond to your request, and if we provide them in electronic format, we will notify you of any fee in advance.  If we provide paper copies, we will also notify you of any fee in advance; for paper copies, the first five pages would be provided free of charge, and the cost for the remaining pages would be $.25 per page.
Sincerely,
Michael Jerry
Assistant Attorney General

From: Office of the Attorney General - New York

February 25, 2019
RE:  Freedom of Information Law (FOIL) Request Reference # G000035-011719
Dear Mrs. Gomez:
This email is in response to the above-referenced FOIL request.
The Office of the Attorney General has conducted a diligent search for the records that you have requested.
Please be advised that the records that respond to your request are exempt from disclosure and have been withheld pursuant to:
• Public Officers Law § 87(2)(a), which provides that records that are exempted from disclosure by state or federal statute are exempt from disclosure under FOIL.  The records constitute attorney work product, which is exempt from disclosure under Civil Practice Law and Rules § 3101(c); • New York Public Officers Law § 87(2)(e), because the documents requested were compiled for law enforcement purposes and would, if disclosed, interfere with law enforcement investigations or judicial proceedings; and • Public Officers Law § 87(2)(g), because the records are inter-agency or intra-agency materials. You have a right to appeal the foregoing decision.  If you elect to do so, you must appeal in writing, within 30 days, to Kathryn Sheingold, Records Appeals Officer.  Your appeal can be sent by email to FOIL.Appeals@ag.ny.gov or by mail to State of New York, Office of the Attorney General, Division of Appeals and Opinions, The Capitol, Albany, New York 12224.  You can reach the Records Appeals Officer by telephone at (518) 776-2009.
Sincerely,
Michael Jerry Assistant Attorney General

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