Superintendent Memos
| Submitted | Nov. 1, 2022 |
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Communications
From: Chris Gelardi
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
All DOCCS memoranda addressed to "All Superintendents" sent from Acting Commissioner Anthony Annucci between March 1, 2022, and the present.
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,
Chris Gelardi
From: Department of Corrections and Community Supervision
Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-22-11-028.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:
Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on Nov. 1, 2022. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Department of Corrections and Community Supervision
Current due date is 12/2/2022 unless otherwise notified in writing.
Thank you,
Nadene
Nadene Shultis
Assistant Records Access Officer
Counsel's Office/FOIL Unit
Department of Corrections and Community Supervision
The Harriman State Campus, 1220 Washington Avenue
Albany, New York 12226-2050
http://www.doccs.ny.gov/
CONFIDENTIALITY NOTICE: This message is intended solely for the designated recipient(s) and may contain confidential information which is legally privileged and protected by law from disclosure. If you are not an intended recipient, any disclosure, copying, use, or distribution of the information included in this e-mail and any attachment(s) is strictly prohibited.
If you received this communication in error, please notify the sender by reply e-mail and immediately and permanently delete this e-mail.
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~WRD0005
From: Department of Corrections and Community Supervision
Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-22-11-028.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:
Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050
From: Department of Corrections and Community Supervision
Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-22-11-028.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:
Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050
From: Department of Corrections and Community Supervision
Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-22-11-028.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:
Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050
From: Department of Corrections and Community Supervision
Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-22-11-028.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:
Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050
From: Department of Corrections and Community Supervision
Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-22-11-028.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:
Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050
From: Chris Gelardi
Dear Records Access Officer:
This is an appeal of DOCCS's determination regarding FOIL request DOCCS-22-11-028 on May 25, 2023, as well as its determinations on April 11, 2023; March 6, 2023; January 19, 2023; and November 29, 2022. All of the determinations extended the time to respond to my request. According to the determinations, records "potentially responsive to my request" were identified at least as early as November 29, 2022, but have been "under review for applicable exemptions, legal privileges and responsiveness."
DOCCS has constructively denied my request. The repeated delays, which have now extended for more than seven months after I submitted the request on November 1, 2022, are unreasonable given the narrow scope of the request.
Because of this appeal, OOM is required by law to provide specific reasons within 10 business days explaining why this request cannot be fulfilled in a timely manner, or else, must provide the records sought.
According to the Committee on Open Government, if a government entity acknowledges that a request has been received, but has failed to grant access by the specific date given beyond 20 business days, or if the specific date given is unreasonable, a request may be considered to have been constructively denied (see §89[4][a]). In such a circumstance, the denial may be appealed in accordance with §89(4)(a), which states in relevant part that:
“...any person denied access to a record may within thirty days appeal in writing such denial to the head, chief executive or governing body of the entity, or the person therefore designated by such head, chief executive, or governing body, who shall within ten business days of the receipt of such appeal fully explain in writing to the person requesting the record the reasons for further denial, or provide access to the record sought.”
I am requesting that you either fulfill this FOIL request, or else provide a full explanation as to the reason for the denial, as required by law, of this public record.
Sincerely,
Chris Gelardi
From: Department of Corrections and Community Supervision
Please see the attached response/records for your file for appeal A-0438-23
Department of Corrections and Community Supervision
Office of Counsel/FOIL Unit
The Harriman State Campus, 1220 Washington Avenue, Albany, NY 12226
Phone: (518) 457-0176
CONFIDENTIALITY NOTICE: This message is intended solely for the designated recipient(s) and may contain confidential information which is legally privileged and protected by law from disclosure. If you are not an intended recipient, any disclosure, copying, use, or distribution of the information included in this e-mail and any attachment(s) is strictly prohibited.
If you received this communication in error, please notify the sender by reply e-mail and immediately and permanently delete this e-mail.
From: Department of Corrections and Community Supervision
Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-22-11-028.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:
Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050
From: Department of Corrections and Community Supervision
Attached please find correspondence from Department of Corrections and Community Supervision regarding your FOIL Request DOCCS-22-11-028.
If you have any questions regarding your FOIL request, please contact the Department of Corrections and Community Supervision Records Access Office at the
address below:
Department of Corrections and Community Supervision
Records Access Office
1220 Washington Ave
Building 2
Albany, NY 12226-2050
From: Chris Gelardi
Hello,
Thank you for this update. How many pages are under review? I would appreciate more information, as the repeated delays seem to be bordering on obstruction.
Sincerely,
Chris Gelardi
From: Department of Corrections and Community Supervision
You may appeal if you do not agree with the delay.
Thank you,
Records Access Officer
FOIL Unit
RAO:15
Department of Corrections and Community Supervision
The Harriman State Campus, 1220 Washington Avenue
Albany, New York 12226-2050
http://www.doccs.ny.gov/
CONFIDENTIALITY NOTICE: This message is intended solely for the designated recipient(s) and may contain confidential information which is legally privileged and protected by law from disclosure. If you are not an intended recipient, any disclosure, copying, use, or distribution of the information included in this e-mail and any attachment(s) is strictly prohibited.
If you received this communication in error, please notify the sender by reply e-mail and immediately and permanently delete this e-mail
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~WRD0001
From: Chris Gelardi
I would just like to know how many pages are under review. I've usually found that the DOCCS FOIL team has been keen to work in good faith. But it has been very difficult getting information about this request.
From: Department of Corrections and Community Supervision
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Kathy Hochul
Governor
DANIEL F. MARTUSCELLO III
Acting Commissioner
This is in response to your New York State Freedom of Information Law request.
Please see the attached.
If you do not agree with this decision, you may appeal by contacting the Office of Counsel, Department of Corrections and Community Supervision, State Campus, Building #4, 1220 Washington Avenue, Albany, New York 12226, in writing.
Sincerely,
Records Access Officer
FOIL Unit
RAO:15
Department of Corrections and Community Supervision
The Harriman State Campus, 1220 Washington Avenue
Albany, New York 12226-2050
http://www.doccs.ny.gov/
CONFIDENTIALITY NOTICE: This message is intended solely for the designated recipient(s) and may contain confidential information which is legally privileged and protected by law from disclosure. If you are not an intended recipient, any disclosure, copying, use, or distribution of the information included in this e-mail and any attachment(s) is strictly prohibited.
If you received this communication in error, please notify the sender by reply e-mail and immediately and permanently delete this e-mail.
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