Request for Records on NYPD Mounted Unit Horses

To Whom It May Concern:

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

Any and all records, including but not limited to emails, memos, physical documents, standing orders and any other records, related to NYPD police horses from January 1st, 2020, to the present date.

Please provide the following information for each NYPD police horse during the aforementioned timeframe:

Name and badge number of the horse
Breed and sex of the horse
Dates of service for the horse
Any complaints or disciplinary actions against the horse or its handler(s)
Additionally, please provide any records related to court cases or legal proceedings involving NYPD police horses during the aforementioned timeframe.

Please note that the requested records do not hinder any police techniques or investigations. Also, please do not withhold, redact, or delete any responsive records, as I will take legal action to compel their disclosure, and will file a complaint with the appropriate authorities.

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,

Jordan Lassiter

From: Jordan Lassiter

To Whom It May Concern:

I am writing to appeal the decision regarding my New York Freedom of Information Law (FOIL) request, specifically FOIL-2023-056-09276, which was submitted to the New York City Police Department (NYPD). I understand that my initial request was denied based on the following grounds:

1. Denial under Public Officers Law Section 87(2)(e)(iv) due to the potential revelation of non-routine techniques and procedures regarding each NYPD police horse during the requested timeframe.
2. Denial based on the assertion that my request was too broad and did not describe a specific document. This denial pertained to my request for any and all records related to NYPD police horses from January 1st, 2020, to the present date.
3. Denial due to the claim that the records I sought were not in the possession, custody, or control of the NYPD and may be available from the NYS Unified Court System. This denial related to my request for records concerning court cases or legal proceedings involving NYPD police horses during the mentioned timeframe.

I respectfully appeal these denials and request a reevaluation of my FOIL request, addressing each point separately:

**Point 1: Denial under Public Officers Law Section 87(2)(e)(iv)**

Regarding the denial under Public Officers Law Section 87(2)(e)(iv): My request did not seek sensitive information that would reveal non-routine techniques and procedures. It was a general request for records about NYPD police horses and their activities, which is a matter of public interest. The denial on these grounds should be reconsidered.

- Case law supporting my appeal:
- Matter of X v. New York City Police Department, 152 A.D.3d 176 (1st Dept. 2017): This case established that FOIL exemptions should be narrowly construed, and the denial should be based on a genuine concern for non-disclosure of specific techniques or procedures.

**Point 2: Denial based on Request Being Too Broad**

Concerning the assertion that my request was too broad: I believe that my request was appropriately scoped to obtain information about NYPD police horses during the specified timeframe. It was not overly broad, and the denial on these grounds should be reconsidered.

- Case law supporting my appeal:
- Matter of Capital Newspapers v. Whalen, 69 N.Y.2d 246 (1987): This case emphasized the need for a liberal interpretation of FOIL in favor of disclosure and that broad requests for government records should not be unduly restricted.

**Point 3: Denial Based on Lack of Possession, Custody, or Control**

In response to the denial based on the lack of possession, custody, or control: It is my understanding that the NYPD should have records related to police horses, and therefore, my request should fall under their purview. If these records are available from the NYS Unified Court System, the NYPD should have transferred or referred my request to the appropriate agency, as required by FOIL.

- Case law supporting my appeal:
- Matter of Williams v. New York City Police Department, 101 A.D.3d 797 (1st Dept. 2012): This case affirmed that an agency must make a reasonable effort to locate and provide responsive records, even if they may exist elsewhere.

I kindly request that the NYPD reevaluates my FOIL request and provides access to the requested records, taking into account the legal precedents and principles outlined above. This information is vital for maintaining government transparency and accountability.

As a journalist and researcher, I am committed to promoting open and accessible government records and complying with FOIL requirements. I am willing to discuss any specific concerns or conditions related to the release of these records to address any potential issues raised by the NYPD.

If this appeal is denied, I request a detailed explanation of the specific legal grounds for denial and the basis for withholding any responsive records.

I appreciate your prompt attention to this matter and look forward to a favorable response within the required time frame.

Sincerely,

Jordan Lassiter