cathy macera <maceraxx@live.com>
Wednesday, October 24, 2018 6:00 PM
foil@health.ny.gov
FOIL REQUEST
Dear Records Access Officer:
Please email the following records if possible :
All water sample testing for the Village of Ilion data collection for the last 6 months, May 2018 - Present date October 24, 2018. data to include but not limited to all location of samples, time and date, what test where performed, any and all recommendations to Village of Ilion Water Depart and any Village Officials, the end date for supplying bottle water, and specific reason for such action.
Please certify that all information is a true copy.
If all of the requested records cannot be emailed to me, please inform me by email of the portions that can be emailed and advise me of the cost for reproducing the remainder of the records requested ($0.25 per page or actual cost of reproduction).
If the requested records cannot be emailed to me due to the volume of records identified in response to my request, please advise me of the actual cost of copying all records onto a CD or floppy disk.
If my request is too broad or does not reasonably describe the records, please contact me via email so that I may clarify my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated.
If it is necessary to modify my request, and an email response is not preferred, please contact me at the following telephone number: _____________.
If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name, address and email address of the person or body to whom an appeal should be directed.
Catherine M Macera "Blood of the innocent shall stain your soul for all eternity"
*18-10-425-RAO*
doh.sm.BOB-FOIL <foil@health.ny.gov>
maceraxx@live.com
Good Afternoon,
Please see the attached concerning your FOIL request.
Thank you,
Records Access Office
New York State Department of Health
2364 Corning Tower
Albany, NY 12237
P (518) 474-8734 | F (518) 486-9144
Department of Health
ANDREW M. CUOMO HOWARD A. ZUCKER, M.D., J.D. SALLY DRESLIN, M.S., R.N.
Governor Commissioner Executive Deputy Commissioner
October 25, 2018
VIA EMAIL
Catherine Macera
Maceraxx@live.com
FOIL # 18-10-425
Dear Ms. Macera:
This will acknowledge receipt of your request for records under the Freedom of Information Law, received by this office on October 24, 2018.
Your request has been forwarded to the appropriate Department program area(s) to identify documents that are responsive to your request and which may be made available pursuant to all applicable provisions of the Freedom of Information Law.
A determination as to whether your request is granted or denied will be reached in approximately 20 business days or we will notify you in writing if the responsible program area(s) should require additional time to locate, assemble, and review documents that may be responsive to your request.
Please note that, pursuant to Article 6 of the Public Officers Law, a charge may be applied to your request, including the actual cost of the medium used to respond to your Freedom of Information Law request and/or other related costs. When responsive records have been identified, you will be informed of any cost and how payment should be made.
Sincerely,
Records Access Officer
RH/sjp
Empire State Plaza, Corning Tower, Albany, NY 12237 | health.ny.gov
*18-10-425-RAO*
doh.sm.BOB-FOIL <foil@health.ny.gov>
maceraxx@live.com
Good Afternoon,
Attached you will find the NYS Department of Health's Extension letter for the above referenced matter.
Thank you
Records Access Office
New York State Department of Health
Corning Tower, Rm 2364
Department of Health
ANDREW M. CUOMO HOWARD A. ZUCKER, M.D., J.D.
Governor Commissioner
November 27, 2018
VIA EMAIL
Catherine Macera maceraxx@live.com
FOIL 18-10-425
Dear Ms. Macera:
SALLY DRESLIN, M.S., R.N. Executive Deputy Commissioner
This letter is regarding your Freedom of Information Law request of October 24, 2018, which is currently being processed.
Please be advised this Office is unable to respond to your request by the date previously given to you because a diligent search for responsive documents is still being conducted.
We estimate that this Office will complete its process by February 1, 2019. The Department will notify you in writing when/if the responsive materials are available for release or if the time needed to complete your request extends beyond the above date.
Should you require additional information or wish to discuss this matter further, please do not hesitate to contact me at (518) 474-8734.
Sincerely,
Rosemarie Hewig, Esq.
Records Access Officer
RH/ysd
Empire State Plaza, Corning Tower, Albany, NY 12237 | health.nytgov
9
New York State Department of Health, FOIL # 18-10-425
doh.sm.BOB-FOIL <foil@health.ny.gov>
maceraxx@live.com
Ms. Macera:
Attached please find a letter from the New York State Department of Health related to the above-referenced request.
Regards,
Records Access Office
New York State Department of Health
2364 Corning Tower, Albany, NY 12237
(518) 474-8734 | Fax (518) 486-9144
Department of Health
ANDREW M. CUOMO HOWARD A. ZUCKER, M.D., J.D.
Governor Commissioner
February 1, 2019
VIA EMAIL
Catherine Macera maceraxx@live.com
FOIL 18-10-42
Dear Ms. Macera:
SALLY DRESLIN, M.S., R.NM
Executive Deputy Commissioner
This letter is regarding your Freedom of Information Law request of October 24, 2018, which is currently being processed.
Please be advised this Office is unable to respond to your request by the date previously given to you because the records potentially responsive to your request are currently being reviewed for applicable exemptions, legal privileges and responsiveness.
We estimate that this Office will complete its process by April 8, 2019. The Department will notify you in writing when/if the responsive materials are available for release or if the time needed to complete your request extends beyond the above date.
Should you require additional information or wish to discuss this matter further, please do not hesitate to contact me at (518) 474-8734.
Rosemarie Hewig, Esq.
Records Access Officer
RH/ysd
Empire State Plaza, Corning Tower, Albany, NY 12237 | health.ny.gov
*18-10-425-RAO*
doh.sm.BOB-FOIL <foil@health.ny.gov>
maceraxxlive.com
Good Afternoon,
Attached you will find the NYS Department of Health's Extension letter for the above referenced matter.
Thank you
Records Access Office
New York State Department of Health
Corning Tower, Rm 2364
Department of Health
ANDREW M. CUOMO HOWARD A. ZUCKER, M.D., J D
Governor Commissioner
April 8, 2019
VIA EMAIL Catherine Macera maceraxx@live.com
FOIL 18-10-425
Dear Ms. Macera:
SALLY DRESLIN, MS., R.N,
Executive Deputy Commissioner
This letter is regarding your Freedom of Information Law request of October 24, 2018, which is currently being processed.
Please be advised this Office is unable to respond to your request by the date previously given to you because the records potentially responsive to your request are currently being reviewed for applicable exemptions, legal privileges and responsiveness.
We estimate that this Office will complete its process by June 11, 2019, The
Department will notify you in writing when/if the responsive materials are available for release or if the time needed to complete your request extends beyond the above date.
Should you require additional information or wish to discuss this matter further, please do not hesitate to contact me at (518) 474-8734.
Sincerely,
Rosemarie Hewig, Esq.
Records Access Officer
RH/ysd
Empire State Plaza, Corning Tower, Albany, NY 12237 | health.ny.gov
Committee on open government Advisory Opinion FOIL-AO-f19671
"First, §84 of FOIL, the “Legislative declaration”, clearly indicates the intent of that statute and provides in part that “It is incumbent upon the state and its localities to extend public accountability wherever and whenever feasible”. Based on that direction, it has been consistently advised that there may be no supportable or valid reason for delaying disclosure of records that are clearly public and readily retrievable.
Second, aside from the direction given in the Legislative declaration, when an agency needs more than five business days from the receipt of a request, §89(3)(a) requires that the agency acknowledge the receipt of the request in writing within that time that includes “a statement of the approximate date, which shall be reasonable under the circumstances of the request, when such request will be granted or denied…” In the rare instance in which “circumstances prevent disclosure to the person requesting the record or records within twenty business days from the date of acknowledgement of the receipt of the request, the agency shall state, in writing, both the reason for the inability to grant the request within twenty business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part.”
In my view, the key words in the preceding sentence are “prevent” and “inability.” It is likely that many agencies receive more requests now in 2018 than in years past. If it is known that the number and nature of requests for records result in ongoing, routine or repeated delays of up to ninety business days following the receipt of requests, an agency in my view would be failing to meet its responsibilities in complying with law. The circumstance associated with the delay, staff limitations, does not involve an agency’s “inability” to respond to requests promptly, but a failure to allocate sufficient resources to enable the agency to give effect to the spirit, if not the letter, of the law. It is my understanding that the Department’s current budget is approximately five hundred million dollars. If that is so, I believe that it would be unreasonable to fail to allocate resources sufficient to realize the intent of FOIL in a manner that does not result in a routine delay for as long a time as suggested in the response to your request.
As the Court of Appeals unanimously held in 1979, “Meeting the public’s legitimate right of access to information concerning government is fulfillment of a governmental obligation, not the gift of, or waste of, public funds” (Doolan v. BOCES, 48 NY2d 341, 347)."
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