NYC health-NYPD

Matthew Guariglia filed this request with the Department of Health and Mental Hygiene of New York City, NY.


From: Matthew Guariglia

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:

Any correspondences or email between the department of health and the New York Police Department, specifically those that make reference to food trucks, carts, or outdoor food vendors.

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.


Matthew Guariglia

From: Chari Anhouse

Dear Mr. Guariglia:

The NYC Department of Health and Mental Hygiene has denied your Freedom of Information Law (NYC Public Officers Law Article 6, "FOIL") request because it does not reasonably describe the records sought as required by FOIL ยง 89(3)(a). A request reasonably describes records when it provides the agency sufficient ability, with reasonable effort, to launch an effective search to locate and identify records sought. Your request would require the collection and review of almost all documents created by multiple programs throughout the agency going back as far as our records allow since you did not provide a timeframe for the request. As noted by the NYS Committee on Open Government:
[U]ntil and unless the Law is amended to focus on the reality that the high volume of material that can be located with reasonable effort through electronic means, it is our opinion that it is unreasonable to require an agency to review thousands of records that may contain a particular search term or terms in response to a Freedom of Information Law request. As is the case here, it would be an unreasonable burden, in our view, to require an agency to review perhaps thousands of individual records in order to identify those portions of such records that are required to be made available.
COOG FOIL Advisory Opinion 18949 (8/20/12).

You may file a written appeal of this denial within 30 days of the date of this message. The appeal should be addressed to:
Thomas Merrill, Esquire
Appeals Officer & General Counsel
42-09 28th Street, CN-30
Long Island City, NY 11101
The notice of appeal should include the request control number, the date of this denial message, a description of the records that were the subject of the request, the specific legal grounds for your appeal, and the full name and address of the original requester. In the alternative, you may resubmit a request with reasonable parameters to allow for a search to be conducted for specific items within a specific timeframe.

Thank you,
Chari Anhouse
Associate General Counsel/Records Access Officer
NYC Department of Health & Mental Hygiene
General Counsel's Office
42-09 28th Street, CN-31
Long Island City, NY 11101


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