statutory memoranda
| Submitted | Jan. 5, 2023 |
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Communications
From: Sam Mellins
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Statutory memoranda prepared by the counsel's office from April 1, 2022, to July 1, 2022
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,
Sam Mellins
From: New York State Office of Court Administration
The Office of Court Administration acknowledges receipt of your FOIL request dated 1/5/23, seeking:
Statutory memoranda prepared by the counsel's office from April 1, 2022, to July 1, 2022
The requested memorandums are not be subject to disclosure under FOIL, as they: (1) consist of intra-agency materials (Public Officers Law § 87(2)(g)) that are internal, non-final legal discussions reflecting subjective opinion, advice, analysis, and recommendations of the legal personnel who authored the materials; and (2) are privileged materials, reflecting the legal work product, opinions and recommendations of Counsel or attorneys in Counsel's Office (see Public Officers Law § 87(2)(a); CPLR § 3101(b), (c); CPLR § 4503).
Please note, you submitted the same request previously and it was answered on 9/2/22 (attached).
Pursuant to Public Officers Law § 89(4)(a), you have thirty (30) days to take a written appeal of this determination. You may appeal by writing:
Nancy J. Barry, Chief of Operations
FOIL Appeals Officer
25 Beaver Street, 11th Floor
New York, NY 10004
Or, you may submit such appeal by email to: FOILappeal@nycourts.gov<mailto:FOILappeal@nycourts.gov>
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~WRD3582
From: Sam Mellins
Hello,
I am appealing this denial of my FOIL request. Statutory memoranda are "instructions to staff that affect the public," as they provide guidance to judgs on how to respond to changes in statute that may affect the disposition of case that are before them.
Accordingly, my FOIL request should be granted.
From: New York State Office of Court Administration
Please find OCA’s determination on your appeal of this FOIL matter attached.
Kind regards,
Michael Siudzinski
Assistant Deputy Counsel
NYS Office of Court Administration
25 Beaver Street
New York, NY 10004
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~WRD0001
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