Untitled
| Tracking # |
BIXENSPAN_DOS_20190926131404639, F2019-1362 BIXENSPAN_DOS_20190926131404639 |
| Submitted | Sept. 5, 2019 |
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Communications
From: David Bixenspan
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
All records pertaining to:
* The July 14, 2019 Game Changer Wrestling event at 307 Kent Avenue in Brooklyn, including but not limited to the inspector report, event forms, and proof of insurance.
* The August 19, 2016 Tier-1 Wrestling event at 1839 Bath Avenue in Brooklyn, including but not limited to the inspector report, event forms, and proof of insurance.
* The license held by Game Changer Wrestling LLC, including but not limited to all disciplinary actions against the license.
* The license held by WAR Wrestling Inc., including but not limited to all disciplinary actions against the license.
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,
David Bixenspan
From: Department of State
Email
Thank you for submitting your FOIL request through Open FOIL NY.
Here is your Open FOIL NY confirmation information for future reference:
BIXENSPAN_DOS_20190926131404639
INFORMATION SUBMITTED:
Records Requested From
Department of State
Short Title
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Description
To Whom It May Concern:Pursuant to the New York Freedom of Information Law, I hereby request the following records:All records pertaining to:* The July 14, 2019 Game Changer Wrestling event at 307 Kent Avenue in Brooklyn, including but not limited to the inspector report, event forms, and proof of insurance.* The August 19, 2016 Tier-1 Wrestling event at 1839 Bath Avenue in Brooklyn, including but not limited to the inspector report, event forms, and proof of insurance.* The license held by Game Changer Wrestling LLC, including but not limited to all disciplinary actions against the license.* The license held by WAR Wrestling Inc., including but not limited to all disciplinary actions against the license.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,David Bixenspan
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FOIL Response Format
Email
If fees apply, please contact me if costs will be greater than
$25
Your FOIL request has been forwarded to the organization(s) you selected, and the respective Records Access Officer will contact you directly for further processing of your request. Please allow up to five business days for such communication(s). For your convenience, here is additional contact information:
Department of State
One Commerce Plaza
99 Washington Avenue
Albany, NY 12231
From: Department of State
Re: F2019-1362
Dear Mr. Bixenspan:
We have received your Freedom of Information Law request dated September 26, 2019, in which you sought ", I hereby request the following records: All records pertaining to: * The July 14, 2019 Game Changer Wrestling event at 307 Kent Avenue in Brooklyn, including but not limited to the inspector report, event forms, and proof of insurance. * The August 19, 2016 Tier-1 Wrestling event at 1839 Bath Avenue in Brooklyn, including but not limited to the inspector report, event forms, and proof of insurance. * The license held by Game Changer Wrestling LLC, including but not limited to all disciplinary actions against the license. * The license held by WAR Wrestling Inc., including but not limited to all disciplinary actions against the license."
Your request is currently being reviewed and the Department will be in further contact within twenty business days. At that time, your request will either be granted or denied, in whole or in part, or you will be given a date that records responsive to your request will be made available for inspection or copying.
Sincerely,
Cherise Watson
Assistant Records Access Officer
NYS Department of State
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 Sept. 5, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #BIXENSPAN_DOS_20190926131404639, F2019-1362.
Thanks for your help, and let me know if further clarification is needed.
From: Department of State
Re: FOIL Extension
Dear Mr. Bixenspan:
This is in response to your Freedom of Information Law (FOIL) request for "To Whom It May Concern: Pursuant to the New York Freedom of Information Law, I hereby request the following records: All records pertaining to: * The July 14, 2019 Game Changer Wrestling event at 307 Kent Avenue in Brooklyn, including but not limited to the inspector report, event forms, and proof of insurance. * The August 19, 2016 Tier-1 Wrestling event at 1839 Bath Avenue in Brooklyn, including but not limited to the inspector report, event forms, and proof of insurance. * The license held by Game Changer Wrestling LLC, including but not limited to all disciplinary actions against the license. * The license held by WAR Wrestling Inc., including but not limited to all disciplinary actions against the license."
It is taking significantly longer than anticipated to review our records and respond to your request. Please be advised that the Department of State needs additional time. The anticipated date of response is January 2, 2020.
Sincerely,
Cherise A. Watson
Assistant Records Access Officer
New York State Department of State
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on Sept. 5, 2019. You previously indicated that it would be completed on Jan. 2, 2020. I wanted to let you know that I am still interested in the following documents, and to see if that date was still accurate. You had assigned it reference number #BIXENSPAN_DOS_20190926131404639, F2019-1362.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following New York Freedom of Information Law request, copied below, and originally submitted on Sept. 5, 2019. You had previously indicated that it would be completed on Jan. 2, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date. You had assigned it reference number #BIXENSPAN_DOS_20190926131404639, F2019-1362.
Thanks for your help, and let me know if further clarification is needed.
From: Department of State
Dear David Bixenspan,
This is in response to your request dated September 26, 2019, under New York's Freedom of Information Law (FOIL), seeking:
All records pertaining to: *The July 14, 2019 Game Changer Wrestling event at 307 Kent Avenue in Brooklyn, including but not limited to the inspector report, event forms, and proof of insurance. *The August 19, 2016 Tier-1 Wrestling event at 1839 Bath Avenue in Brooklyn, including but not limited to the inspector report, event forms, and proof of insurance. *The license held by Game Changer Wrestling LLC, including but not limited to all disciplinary actions against the license. *The license held by WAR Wrestling Inc., including but not limited to all disciplinary actions against the license.
Responsive records are disclosed herein. Some of the responsive records and information are exempt or excepted from disclosure under FOIL, either by the FOIL statute itself or through other laws
Under New York State Athletic Commission regulations (19 NYCRR 206.17), "all applications, records or other papers and documents filed or submitted to the commission or to the medical advisory board or at any hearing, become the property of the commission. . . .In addition, all disclosures made to the commission shall be considered disclosures to the State of New York, but shall be confidential and shall not be subject to public disclosure." As such, certificates of liability insurance and medical information have been withheld or redacted as confidential disclosures to the commission.
Personal information, if disclosed would constitute an unwarranted invasion of personal privacy, are excepted from disclosure under FOIL and the Personal Privacy Protection Law (Public Officers Law §§ 87(2)(b), 89(2), and 96(1)). Accordingly, the personal phone numbers, personal addresses, medical information, and private insurance policy information have been redacted where they appeared in these records.
In addition, "all medical reports submitted to, and all medical records of, the medical advisory board or the commission, relative to the physical examination or condition of combative sports participants and professional wrestlers" are confidential under the State Athletic Commission Regulations (19 NYCRR 206.19). As such, all medical information and reports of the medical advisory board relative to the sports participants have been redacted where they appeared in these records.
Lastly, "inter-agency or intra-agency materials which are not: i. statistical or factual tabulations or data; ii. instructions to staff that affect the public; iii. final agency policy or determinations; iv. external audits, including but not limited to audits performed by the comptroller and the federal government" are excepted from disclosure under FOIL (Public Officers Law § 87(2)(g)). As such, internal Department deliberation and communications have either been withheld from disclosure or have been redacted from the disclosed documents.
If you believe the Department of State failed to locate responsive records, you may submit an appeal within thirty (30) business days of the date you received this correspondence by writing to: Records Appeal Officer, Department of State, One Commerce Plaza, Suite 1120, 99 Washington Avenue, Albany, New York 12231-0001.
Sincerely,
Cherise A. Watson
Assistant Records Access Officer
New York State Department of State
From: Department of State
Dear David Bixenspan,
This is in response to your request dated September 26, 2019, under New York's Freedom of Information Law (FOIL), seeking:
All records pertaining to: *The July 14, 2019 Game Changer Wrestling event at 307 Kent Avenue in Brooklyn, including but not limited to the inspector report, event forms, and proof of insurance. *The August 19, 2016 Tier-1 Wrestling event at 1839 Bath Avenue in Brooklyn, including but not limited to the inspector report, event forms, and proof of insurance. *The license held by Game Changer Wrestling LLC, including but not limited to all disciplinary actions against the license. *The license held by WAR Wrestling Inc., including but not limited to all disciplinary actions against the license.
Responsive records are disclosed herein. Some of the responsive records and information are exempt or excepted from disclosure under FOIL, either by the FOIL statute itself or through other laws
Under New York State Athletic Commission regulations (19 NYCRR 206.17), "all applications, records or other papers and documents filed or submitted to the commission or to the medical advisory board or at any hearing, become the property of the commission. . . .In addition, all disclosures made to the commission shall be considered disclosures to the State of New York, but shall be confidential and shall not be subject to public disclosure." As such, certificates of liability insurance and medical information have been withheld or redacted as confidential disclosures to the commission.
Personal information, if disclosed would constitute an unwarranted invasion of personal privacy, are excepted from disclosure under FOIL and the Personal Privacy Protection Law (Public Officers Law §§ 87(2)(b), 89(2), and 96(1)). Accordingly, the personal phone numbers, personal addresses, medical information, and private insurance policy information have been redacted where they appeared in these records.
In addition, "all medical reports submitted to, and all medical records of, the medical advisory board or the commission, relative to the physical examination or condition of combative sports participants and professional wrestlers" are confidential under the State Athletic Commission Regulations (19 NYCRR 206.19). As such, all medical information and reports of the medical advisory board relative to the sports participants have been redacted where they appeared in these records.
Lastly, "inter-agency or intra-agency materials which are not: i. statistical or factual tabulations or data; ii. instructions to staff that affect the public; iii. final agency policy or determinations; iv. external audits, including but not limited to audits performed by the comptroller and the federal government" are excepted from disclosure under FOIL (Public Officers Law § 87(2)(g)). As such, internal Department deliberation and communications have either been withheld from disclosure or have been redacted from the disclosed documents.
If you believe the Department of State failed to locate responsive records, you may submit an appeal within thirty (30) business days of the date you received this correspondence by writing to: Records Appeal Officer, Department of State, One Commerce Plaza, Suite 1120, 99 Washington Avenue, Albany, New York 12231-0001.
Sincerely,
Cherise A. Watson
Assistant Records Access Officer
New York State Department of State
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