Marvin Pines preliminary death report

Wesley Lowery filed this request with the Board Of Correction of New York City, NY.
Tracking #

FOIL-2023-073-00015

Status
Completed

Communications

From: Wesley Lowery

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

A copy of the preliminary death report for Marvin Pines (DOB: 4/19/1957), who died on Rikers Island on Feb 4, 2023

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,

Wesley Lowery

From: Board Of Correction

Your request FOIL-2023-073-00015 has been successfully submitted to the Board of Correction (BOC).
The details of your request are shown below.

Request Title: Marvin Pines preliminary death report

Request Description: To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

A copy of the preliminary death report for Marvin Pines (DOB: 4/19/1957), who died on Rikers Island on Feb 4, 2023

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,

Wesley Lowery

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Requester's Contact Information



Name:
Wesley Lowery

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Email:
requests@muckrock.com (mailto:requests@muckrock.com)

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You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2023-073-00015. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-073-00015)

From: Board Of Correction

The Board of Correction (BOC) has acknowledged your FOIL request FOIL-2023-073-00015. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-073-00015) You can expect a response on or about Tuesday, March 28, 2023.
Please visit FOIL-2023-073-00015 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-073-00015)

From: Board Of Correction

The Board of Correction (BOC) has closed your FOIL request FOIL-2023-073-00015 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-073-00015)
Your request under the Freedom of Information Law (FOIL) is denied in part and granted in part for the reasons stated below.
This is in response to your Freedom of Information Law request to the NYC Board of Correction received February 21, 2023. You requested the following information: “Pursuant to the New York Freedom of Information Law, I hereby request the following records: A copy of the preliminary death report for Marvin Pines (DOB: 4/19/1957), who died on Rikers Island on Feb 4, 2023”
A diligent search for records responsive to your request located one report prepared by the Board following the death of Marvin Pines in DOC custody. Portions of this record were redacted pursuant to (i) Public Officers Law §87(2)(b), which exempts from disclosure records that would constitute "an unwarranted invasion of personal privacy,” such as medical information or personally identifiable information, and (ii) Public Officers Law §87(2)(g), which exempts from disclosure intra‐agency materials that are not statistical or factual tabulations or data; instructions to staff that affect the public; final agency policy or determinations; or external audits.

You may appeal this determination in writing within thirty (30) days by addressing your appeal to Amanda Masters, Record Appeals Officer, New York City Board of Correction, 2 Lafayette Street, Room 1221, New York, NY 10007.

Best,
Melissa Cintron Hernandez
Deputy General Counsel

You may appeal the decision to deny access to material that was redacted in part or withheld in entirety by contacting the agency's FOIL Appeals Officer: foilappeals@boc.nyc.gov within 30 days. (mailto:foilappeals@boc.nyc.gov?subject=FOIL-2023-073-00015%20-%20Appeal)

From: Wesley Lowery

Hello,
You said that you're willing to provide the report partially redacted. Please provide it

From: Wesley Lowery

Please provide the redacted report

From: Board Of Correction

Good Morning,

Regarding FOIL 2023-073-0015,

We responded to your request on February 22, 2023 through your file on Open Records. I've attached all the emails documenting our response. But I have additionally attached the responsive document here.

Please make sure you check your FOIL request on Open Records for responses.

Thank you,

Brian Gonzalez
Legal Associate

Files

pages

Close
  • 09/27/2023

    _OpenRecords_ Request FOIL-2023-073-00015 Acknowledged

  • 09/27/2023

    _OpenRecords_ Request FOIL-2023-073-00015 Closed

  • 09/27/2023

    _OpenRecords_ Response Added to FOIL-2023-073-00015 - File

  • 09/27/2023

    FOIL-2023-073-00015 - OpenRecords

  • 09/27/2023

    Marvin Pines 5-day Report 2.9.23 - FINAL (updated 2.16.23)_Redacted