Assistant DA Lisa Baehre

The Riford Family filed this request with the Niagara County District Attorney of Niagara County, NY.
Tracking #

282-22

Status
Rejected

Communications

From: The Riford Family

To Whom It May Concern:

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

SENT VIA FAX TO (716) 439-7102 on August 17, 2022

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

1.) Employment dates (e.g. 1/01/1983 - 1/01/2022) for Lisa Baehre, a former Niagara County Assistant District Attorney.

2.) Copy of Lisa Baehre's resignation letter.

I have enclosed an example of what I am requesting for #1 (employment dates).

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,

Joanne Riford

From: Niagara County District Attorney

An acknowledgement letter, stating the request is being processed.

From: Niagara County District Attorney

The request has been rejected by the agency.

From: The Riford Family

To Whom It May Concern:

I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on Aug. 17, 2022. Please let me know when I can expect to receive a response.

Thanks for your help, and let me know if further clarification is needed.

From: The Riford Family

To Whom It May Concern:

Please provide an acknowledgement letter, the documents I requested, or a denial letter. As of 9/12/2022 I have not received any.

From: The Riford Family

To Whom It May Concern:

I have been made aware that the Niagara County District Attorney's Office has been requiring the identity of multiple persons who have called the NCDA's Office to inquire on the status of this request. Please be advised that this in inappropriate.

Please see New York State FOIL-AO-16528 Advisory Opinion which states: there is no obligation in my opinion imposed on the person making the request to include his/her name." Source: https://docsopengovernment.dos.ny.gov/coog/ftext/f16528.htm

Please see New York State FOIL-AO-16528 FOIL-AO-16668 which states: "the name of an applicant or his/her use of the records are irrelevant". Source: https://docsopengovernment.dos.ny.gov/coog/ftext/f16668.htm

From: The Riford Family

FOIL APPEAL SENT VIA EMAIL TO Rebecca.Wydysh@niagaracounty.com ON 10/19/2022

Dear Ms. Rebecca J. Wydysh

1. I requested the following records on 08/17/2022. This request was sent to the Niagara County District Attorney’s Office.

a. Employment dates (e.g. 1/01/1983 - 1/01/2022) for Lisa Baehre, a former Niagara County Assistant District Attorney.
b. Copy of Lisa Baehre's resignation letter.

2. As of today, 10/19/2022, I have not received an acknowledgement or response to the aforementioned FOIL request.

3. Please note, neither a response to my request nor an acknowledgement of the receipt of my request was given within five business days, as such I am considering my FOIL request to have been constructively denied [see DeCorse v. City of Buffalo, 239 AD2d 949, 950 (1997)]. In such a circumstance, I believe that my denial may be appealed in accordance with §89(4)(a) of the Freedom of Information Law. I look forward to your appeal response within 10 business days. Thank you.

From: Niagara County District Attorney

A no responsive documents response.

From: Niagara County District Attorney

The request has been rejected by the agency.

From: The Riford Family

Dear Ms. Rebecca J. Wydysh,

My FOIL appeal was sent to you on 10/19/2022 via email to Rebecca.Wydysh@niagaracounty.com

Please advise on the status of my foil appeal regarding:

a. Employment dates (e.g. 1/01/1983 - 1/01/2022) for Lisa Baehre, a former Niagara County Assistant District Attorney.
b. Copy of Lisa Baehre's resignation letter.

From: The Riford Family

Dear Ms. Rebecca J. Wydysh,

My FOIL appeal was sent to you on 10/19/2022 via email to Rebecca.Wydysh@niagaracounty.com

Today's date is 11/14/2022. Please advise on the status of my foil appeal regarding:

a. Employment dates (e.g. 1/01/1983 - 1/01/2022) for Lisa Baehre, a former Niagara County Assistant District Attorney.
b. Copy of Lisa Baehre's resignation letter.

From: Niagara County District Attorney

Good afternoon,

I was told on 11/8 that a letter regarding this matter had been mailed to you the previous week. If it has not been received, I will ask that the department handling the request send another copy. Please confirm the mailing address you would like them to use.

Thank you,
Rebecca Wydysh, Chairman
Niagara County Legislature

Sent from my T-Mobile 5G Device
Get Outlook for Android<https://aka.ms/AAb9ysg>

From: The Riford Family

Ms. Rebecca Wydysh,

Your FOIL appeal response can be sent to the below, or you can attach it electronically to this message. Thank you.

MuckRock News
DEPT MR 132733
263 Huntington Ave
Boston, MA 02115

Please also forward a copy of the FOIL Appeal response to to the NYS Committee On Open Government pursuant to Article 6 §89. 4. (a) of the NYS Freedom of Information Law.

From: Niagara County District Attorney

Dear Ms. Riford,

Attached please find the response to your FOIL request that was mailed out on Wednesday, November 2, 2022.

Thank you!

Alysa T. Tomasino

Clerk of the Niagara County Legislature

Alysa.Tomasino@niagaracounty.com

Phone: (716) 439-7003

Notice: This electronic transmission is intended for the sole use of the individual or entity to which it is addressed and may contain confidential, privileged or otherwise legally protected information. If you are not the intended recipient, or if you believe you are not the intended recipient, you are hereby notified that any use, disclosure, copying, distribution, or the taking of any action in reliance on the contents of this information, is strictly prohibited. Niagara County is not responsible for the content of any external hyperlink referenced in this email or any email. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY THE SENDER IMMEDIATELY BY EMAIL AND DELETE THE ORIGINAL MESSAGE ALONG WITH ANY PAPER OR ELECTRONIC COPIES. Thank you for your cooperation.

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