Prosecution Resignation

To Whom It May Concern:

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

A copy of the resignation letters that were submitted to the district attorney Alvin Bragg by two prosecutors (Carey Dunne and Mark Pomerantz) from the dates February 18, 2022, to the present date.
Source: https://www.cnn.com/2022/02/23/politics/manhattan-district-attorney-prosecutors-resign-trump-organization/index.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,

Carlos Gamez

I hereby appeal the initial determination to withhold the records requested of the resignation letters of Carey Dunne and Mark Pomerantz. One of the exemptions stated was the fact that the criminal matter remains pending, and that internal deliberations and opinions would be reflected. Pursuant to section (2)(e) of the FOIL Law, it is stated that an agency can deny access to records or portion of a record when they are compiled for law enforcement purposes and would interfere in a proceeding. In this case, the resignation letters requested was not compiled for law enforcements purposes, which would ultimately fail a two-prong test considered the statutory requirement of both elements in order to consider the record exempt from disclosure. Regarding the question of intra-agency communications, it can be questioned as to whether a resignation letter can constitute any effect on an ongoing investigation or decisions that may or may not occur by an agency. On that note, being that both resignation letters had an immediate effect it can be considered that both prosecutors, as of and including, the resignation letters can no longer be deemed as intra-agency or inter-agency material. Lastly, in cases where information is protected from disclosure (such as in the case of information pertaining to a grand jury), I hereby request that segregable portions of the records be made available if there are no exemptions that covers information that is presented.