NYPD records pertaining to death of Mike Rogalle

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:

I request a copy of all records describing a traffic collision that occurred on April 17, 2012, in the 1st Precinct in the borough of Manhattan, at or near the intersection of Beekman Street and Nassau Street, that resulted in the death of Mike Rogalle, including the possible causes of the collision, the persons involved in the collision, and the damage caused by the collision.

I further request a copy of all records containing information on which the New York City Police Department based its decision to file criminal charges or issue traffic summonses, or its decision to file no charges or issue no summonses, in connection with the collision. And all records that contain or reference that conclusion or that discuss potential criminal actions or charges in connection with the collision.

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,

Brad Aaron

To Whom It May Concern:

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

Thank you for your help.

Jonathan David
Records Access Appeals Officer
New York City Police Department
One Police Plaza, Room 1406
New York, NY 10038

Dear Officer David:

This letter appeals from the decision of Lieutenant Richard Mantellino, denying FOIL request #2015-PL-4879, submitted by MuckRock News on my behalf on May 7, 2015 (the “Request”).

The denial of the Request should be rescinded, and the requested documents should be produced.

Pub. Off. L. § 87(2)(b) is not relevant to the Request, since the Request does not “constitute an unwarranted invasion of personal privacy” as defined by Pub. Off. L. § 89(2)(b). The Request does not seek employment, medical or credit histories; addresses to be used for commercial of fund-raising purposes; or workers’ compensation records. The Request does not seek “information of a personal nature” that would result in economic or personal hardship. Further, Pub. Off. L. § 89(2)(b) provides for the deletion of such identifying details.

The Department’s bald assertion that complying with the Request “would constitute an unwarranted invasion of personal privacy” is insufficient to invoke an exemption under Section § 87(2)(b).

Thank you for your consideration.

Brad Aaron