Gerard Benderoth NYPD

Jacob Silverman filed this request with the New York City Police Department of New York City, NY.
Tracking #

2017-PL-8739
Submitted June 22, 2017
Status
Rejected

Communications

From: Nathanael King

Subject: Freedom of Information Law Request: Gerard Benderoth NYPD

Fax

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:

All files, including personnel records, pertaining to Gerard Benderoth, a retired NYPD officer who recently committed suicide while under investigation by the FBI. His death has been widely reported: https://www.nytimes.com/2017/03/09/nyregion/gerard-benderoth-suicide-drug-plot.html

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,

Jacob Silverman

From: New York City Police Department

Subject: None

Mail (Postmarked July 5, 2017)

An acknowledgement letter, stating the request is being processed.

From: New York City Police Department

Subject: None

Mail (Postmarked Aug. 11, 2017)

The request has been rejected by the agency.

From: Jacob Silverman

Subject: None

Mail

I would like to appeal the FOIA officer's decision. Gerard Benderoth is deceased, so there shouldn't be a privacy concern. When he was alive, Benderoth was frequently chronicled in tabloid stories, making him a subject of wide public interest. His part in an FBI investigation also establishes him as a matter of public interest.

If the appeal finds that personnel records are still excluded, I would appreciate any other documents related to Benderoth's employment with the NYPD.

From: FOIL APPEALS

Subject: FOIL Appeal Determination

Email

Mr. Silverman,

Attached please find the appeal determination for your appeal of FOIL request #2017-PL-8739 regarding Gerard Benderoth. Thank you.

Best,

Jordan S. Mazur

Sergeant

Records Access Appeals Officer

Deputy Commissioner Legal Matters

1 Police Plaza, Room 1406 New York, NY 10038

CONFIDENTIALITY NOTICE: This email and any attachments may contain confidential and privileged information for the use of the designated recipient(s) named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, use or disclosure of it or its contents is prohibited and may violate laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of this communication. Please treat this and all other communications from the New York City Police Department as LAW ENFORCEMENT SENSITIVE / FOR OFFICIAL USE ONLY.

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