To NYS Civil Court - Archive re Housing Court Case 1991 by Bogus New Owner/Landlord

Susan A. filed this request with the New York City Civil Court of New York.
Est. Completion None
Status
No Responsive Documents

Communications

From: Susan A.


New York City Civil Court - Public Records Dept / Archives
111 Centre Street
New York, NY 10013
Archives (Civil and Housing)
Room 225
Window 9
Phone 646 386-5514

To Whom It May Concern:

Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:

Seeking a certified copy of:

(1) A computer print-out page, showing the final case status, as shown on the court computer, of a housing case described below;

and

(2) The entire case file archived at the court, including the petitioner's complaint and any other documents in the court file.

As per the court's instructions currently online here:

http://www.courts.state.ny.us/courts/nyc/civil/creditreports.shtml

please note the following information:

This case was filed 24 years ago -- which means the court archives should still have this case, since the court keeps cases for "25 years" according to the information posted online above.

The Index Number for this Housing Court case is as follows: "L&T Index Number 121071 1991" or "L&T 121071/91"

The name of the Plaintiff is "S.O.S. Associates (Petitioner / Landlord)" .

This petition was filed in Housing Part of the Civil Court in Manhattan -- the County of New York -- in Nov or Dec 1991. (The actual date is omitted and the stamp by the court clerk is unreadable on the petition cover sheet.)

Further information about this petition: This petition sought 14 (fourteen) months of rent which was actually not owed nor due by respondents (Susan Alyn and Shizuko Orishige) in the housing part of civil court (which I believe is a part of civil court actually allowed to only accept petitions seeking up to 3 months rent allegedly owed or due). The petition should have been filed in the civil part of civil court, but since petitioner knew the rent was not actually owed nor due and since the new owner actually no lease with tenants on this rent-stabilized apartment, the petitioner filed in housing court and relied on corrupt judges there to extort money and property from tenants. (The new owner was a bogus owner, without any actual business documents existing in the County of New York, and with a bogus partnership document filed in Kings County, New York.)

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 fees cannot be waived, 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,

Susan Alyn

From: Robert Johnson

Good afternoon Ms. Alyn. My name is Robert Johnson and I am the supervisor of the record room for NY County Civil Court. I am responding to inform you that although my department can order the hard copy file (if available) for you, we are not responsible for getting the information to you. The public is required to request and copy the files at our office once they arrive from our warehouse, in this case in one months time. Please advise if you wish us to order this document. Sincerely, R. Johnson Record Rm Supervisor

From: Susan A.

Hello Mr. Johnson:

Thank you for your email. I have reviewed the NY law on public records, and I note the following:

http://www.rcfp.org/new-york-open-government-guide/foreword

Another significant change in the revised Freedom of Information Law was the requirement that agencies reproduce or copy records for requesters offering to pay a stipulated fee. This contrasts with the earlier law's directive to make records available to an individual for his or her inspection and copying. - See more at: http://www.rcfp.org/new-york-open-government-guide/foreword#sthash.YpQPUKLT.dpuf

Pursuant to an amendment which became law in 2006, all agencies which have “reasonable means available” are required to accept requests for records in email format and to respond in e-mail format when requested to do so.  - See more at: http://www.rcfp.org/new-york-open-government-guide/foreword#sthash.YpQPUKLT.dpuf

Further, legislation effective August 7, 2008 contains amendments reflecting advances in information technology and the costs associated with providing access to information that is maintained electronically.  The 2008 amendments are discussed throughout the outline below. - See more at: http://www.rcfp.org/new-york-open-government-guide/foreword#sthash.YpQPUKLT.dpuf

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I am offering to pay a "stipulated fee" of 25 cents per page, as per the first section above.

I am willing to accept documents by email, though I would prefer a certified copy sent by mail to Muckrock as per the instructions they have already provided you.

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I also looked at the 66-page file linked on the above page explaining NYS's public records laws, and nowhere did I see any requirement that I would have to come in person.

Is there a law you can cite somewhere that states this?

If not, I would like you to order the file, prepare a cost estimate as per existing law,
and I will pay the fee for a certified copy of each page, and send by mail to Muckrock the requested public records.

Thank you,
Susan Alyn

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 7, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Aug. 7, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.

From: Susan A.

Dear R. Johnson Record Rm Supervisor:

I responded to your August 12th email on August 12th -- but I still have not heard back from you with respect to the laws I cited. I have ordered the public record as per the laws I cited, and I would like you to email it as per the laws I cited. Please provide the public record and any invoice immediately. Thank you.

Susan Alyn

From: Susan A.

PS Here again is the law requiring your agency to provide the records via email -- and to do so within "five" business days:

http://www.dos.ny.gov/coog/Right_to_know.html

Requests for records

...The law also provides that agencies must accept requests and transmit records requested via email when they have the ability to do so. See Sample Request for Records via Email. Within five business days of the receipt of a written request for a record reasonably described, the agency must make the record available, deny access in writing giving the reasons for denial, or furnish a written acknowledgment of receipt of the request and a statement of the approximate date when the request will be granted or denied, which must be reasonable in consideration of attendant circumstances, such as the volume or complexity of the request. The approximate date ordinarily cannot exceed 20 business days from the date of the acknowledgment of the receipt of a request. If it is determined that more than 20 business days will be needed to grant a request in whole or in part, the agency’s acknowledgment must explain the reason and provide a specifi c date within which it will grant a request in whole or in part. When a response is delayed beyond 20 business days, it must be reasonable in relation to the circumstances of the request.

If the agency fails to abide by any of the requirements concerning the time within which it must respond to a request, the request is deemed denied, and the person seeking the records may appeal the denial. For more information, see Explanation of Time Limits for Responding to Requests.

Fees
Copies of records must be made available on request. Except when a different fee is prescribed by statute (an act of the State Legislature), an agency may not charge for inspection, certification or search for records, or charge in excess of 25 cents per photocopy up to 9 by 14 inches (§87(1)(b)(iii)). Fees for copies of other records may be charged based upon the actual cost of reproduction. There may be no basis to charge for copies of records that are transmitted electronically; however, when requesting electronic data, there are occasions when the agency can charge for employee time spent preparing the electronic data.

For more information see 2008 News/Fees for Electronic Information.

Denial of access and appeal
Unless a denial of a request occurs due to a failure to respond in a timely manner, a denial of access must be in writing, stating the reason for the denial and advising you of your right to appeal to the head or governing body of the agency or the person designated to determine appeals by the head or governing body of the agency. You may appeal within 30 days of a denial.

Upon receipt of the appeal, the agency head, governing body or appeals officer has 10 business days to fully explain in writing the reasons for further denial of access or to provide access to the records. Copies of appeals and the determinations thereon must be sent by the agency to the Committee on Open Government (§89(4)(a)). A failure to determine an appeal within 10 business days of its receipt is considered a denial of the appeal.

You may seek judicial review of a final agency denial by means of a proceeding initiated under Article 78 of the Civil Practice Law and Rules. When a denial is based on an exception to rights of access, the agency has the burden of proving that the record sought falls within the exception (§89(4)(b)).

The Freedom of Information Law permits a court, in its discretion, to award reasonable attorney’s fees to a person denied access to records. To do so, a court must find that the person denied access "substantially prevailed", and either that the agency had no reasonable basis for denying access or that it failed to comply with the time limits for responding to a request or an appeal. . . .

From: Susan A.

From August 2015 -- Re: Subject: Archived Files

Good afternoon Ms. Alyn. My name is Robert Johnson and I am the supervisor of the record room for NY County Civil Court. I am responding to inform you that although my department can order the hard copy file (if available) for you, we are not responsible for getting the information to you. The public is required to request and copy the files at our office once they arrive from our warehouse, in this case in one months time. Please advise if you wish us to order this document. Sincerely, R. Johnson Record Rm Supervisor
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Oct 2015

Mr. Johnson,

Again, yes, I want the documents. Could you please confirm you have ordered it? Thank you.
Susan Alyn

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