FOIL Request

Point of clarification: the need for additional information-names of ESD employee accounts to be searched-is only required for the first part of your request.

The second part, asking for the last 200 pages of emails to Howard Zemsky's ESD email account responsive to the text strings "otgexp.com"; "OTG"; "OTG Management" is reasonably described.

Dear Mr. McElwee,
An effective search of records at Empire State Development (ESD) requires three criteria. You have supplied two of the three: search terms and a date range, but the names of ESD employee accounts to be searched are also needed. If you do not know specifically which individual or individuals might have the records you seek, you could name a department. In this instance, the real estate department might be one in which the records you seek would be reasonably likely to be found.
Please reply to this email within 10 business days-by close of business of August 29, 2019-with the names of ESD employees or a department for which accounts should be searched, or your request will be closed for not being reasonably described.
Kindly confirm receipt of this email. Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

IMPORTANT: This e-mail message and any attachments contain information intended for the exclusive use of the individual(s) or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please immediately notify the sender by electronic mail or notify the System Administrator by telephone (518)292-5180 or e-mail (administrator@esd.ny.gov) and delete the message. Thank you.

Dear Mr. McElwee:

ESD is in receipt of the attached FOIL requests seeking access to certain records of the New York State Urban Development Corporation ("UDC") doing business as Empire State Development ("ESD").

ESD is considering your request in accordance with the Freedom of Information Law (Public Officers law, Section 84 et seq.) and its rules concerning access to the records of the Corporation. ESD will notify you of the results of its search for responsive documents within twenty (20) business days.

Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

IMPORTANT: This e-mail message and any attachments contain information intended for the exclusive use of the individual(s) or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please immediately notify the sender by electronic mail or notify the System Administrator by telephone (518)292-5180 or e-mail (administrator@esd.ny.gov) and delete the message. Thank you.

Dear Mr. McElwee,

You did not respond to either of the emails below (highlighted) seeking clarification. We asked you to respond by the close of business on August 22, 2019. Since you apparently did not register the need to respond to those emails, we are extending you another opportunity to provide a reasonable description of the records to be searched by supplying the names of ESD employees or a department for which accounts should be searched, or your request will be closed for not being reasonably described.

Kindly confirm receipt of this email. Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

Dear Mr. McElwee:

Please be advised that ESD continues to review documents related to the attached FOIL request in accordance with the Freedom of Information Law (Public Officers Law, Section 84 et seq.) ("FOIL") and its rules concerning access to ESD's records. ESD will notify you of the status of its review and endeavor to provide you with any responsive documents and/or determination(s) made pursuant to FOIL on or before November 1, 2019.

Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

Dear Mr. McElwee:

Please be advised that ESD continues to review documents related to the attached FOIL request in accordance with the Freedom of Information Law (Public Officers Law, Section 84 et seq.) ("FOIL") and its rules concerning access to ESD's records. ESD will notify you of the status of its review and endeavor to provide you with any responsive documents and/or determination(s) made pursuant to FOIL on or before December 17, 2019.

Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

Dear Mr. McElwee,

This email responds to your August 14, 2019, FOIL request for the following:
All FOIL-covered communications between Empire State Development Corporation and the following persons/entities: OTG Management (aka "OTG"); Howard Glaser; Lawrence Schwartz (aka Larry Schwartz); Christopher J. Redd; Eric J. Blatstein (aka "Rick" or "Ric" Blatstein).
In addition, the last 200 pages of emails to Howard Zemsky's ESD email account responsive to the text strings "otgexp.com"; "OTG"; "OTG Management."
Please restrict search for these to the date range of calendar year 2013 to the date of this email.

Please find the attached document responsive to your FOIL request.

Pursuant to Public Officers Law §89(4)(a), you have thirty (30) days to appeal this determination. An appeal of any portion of this determination should be directed to Empire State Development’s appeals officer, New York State Urban Development Corporation d/b/a Empire State Development, 633 Third Avenue, 37th Floor, New York, NY 10017, FOILAppeal@esd.ny.gov<mailto:FOILAppeal@esd.ny.gov>.

Kindly confirm receipt of this email. Thank you.

Records Access Officer
FOIL@esd.ny.gov<mailto:FOIL@esd.ny.gov>

IMPORTANT: This e-mail message and any attachments contain information intended for the exclusive use of the individual(s) or entity to whom it is addressed and may contain information that is proprietary, privileged, confidential and/or exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any viewing, copying, disclosure or distribution of this information may be subject to legal restriction or sanction. Please immediately notify the sender by electronic mail or notify the System Administrator by telephone (518)292-5180 or e-mail (administrator@esd.ny.gov) and delete the message. Thank you.