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The foundation of a democratic society is the public’s right to know what their government is doing. Public business must be performed in an open and public manner so citizens can fairly evaluate the performance of public officials and the decisions they make. For that reason, New York has a Freedom of Information Law (FOIL). Other states have similar laws. The Federal government has the Freedom of Information Act (FOIA).
Not surprisingly public officials often resist such transparency and in some cases have to be dragged kicking and screaming into the sunlight. It can be a battle. A war. A FOIL War.
Louis Apicella
On September 5, 2022. I requested all available public records in the possession of the Westchester County District Attorney’s Office for Louis Apicella, age 45-46.
On September 12 my request was denied:
“Mr. Apicella has active cases, as well as one sealed case. To begin, these open cases fall within the law enforcement exemption to FOIL, inasmuch as its disclosure could prematurely release evidence and potentially influence and/or taint witness testimony should it proceed to trail. Moreover, disclosure of these records before any substantive legal proceeding may deprive the defendant of a fair trial or impartial adjudication by tainting the potential jury pool. In addition, disclosure could prematurely reveal records and information that may otherwise be privileged, sealed, non-disclosable, and/or inadmissible. For the foregoing reasons your request for records from any open, or active case, is denied.
“With respect to sealed cases, please be advised that pursuant to Public Officers Law § 87 (2) (a), an agency may deny access to records or portions thereof that are "specifically exempted from disclosure by state or federal statute." That includes records statutorily sealed pursuant to CPL 160.50 and 160.550. Accordingly, absent appropriate authorization from Mr. Apicella, or a court order unsealing the records, your request is denied at this time.”
FOIL of NYSED Facilities Partially Granted
The number of responsive documents is too great to be emailed therefore a thumb drive has been created and shipped to you next day air leaving our offices tomorrow. Please reply to this email with your mailing address to confirm it.
Office of Facilities Planning
New York State Education Department
Still no records received.
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