Certification as constitutional (New York State Supreme Court)

Andre B filed this request with the New York State Supreme Court of New York.
Multi Request Certification as constitutional
Submitted May 10, 2022
Status
Rejected
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From: Andre B

Subject: New York Freedom of Information Law Request: Certification as constitutional (New York State Supreme Court)

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To Whom It May Concern:

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

I need the certification of constitutionality of the violation "No distinctive plate/insecure/dirty". This is under section 4021.

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,

Andre B

From: New York State Supreme Court

Subject: RE: New York Freedom of Information Law Request: Certification as constitutional (New York State Supreme Court)

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The Office of Court Administration acknowledges receipt of your FOIL request dated 5/11/2022.

It has long been established that FOIL does not require responses to specific questions, but instead governs release of government records. See Public Officers Law § 89(3)(a) (indicating that an agency is not required to create a record in response to a request). “There is nothing in the Freedom of Information Law or the Open Meetings Law that requires that government officers or employees respond to questions, supply information in response to questions or offer explanations for their governmental activities.”

Pursuant to Public Officers Law § 89(4)(a), you have thirty (30) days to take a written appeal of this determination. You may appeal by writing:

Nancy J. Barry, Chief of Operations

FOIL Appeals Officer

25 Beaver Street, 11th Floor

New York, NY 10004