NYS FOIL - oaths and bonds
| Submitted | Aug. 7, 2024 |
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Communications
From: Douglas-Preston:Lloyd, Agent
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
The oath of office for supreme court judge Roger D McDonough.
The public surety bond for Supreme Court Judge Roger D McDonough as required by PBO Section 2-A.
If no public surety bond is available, please provide the exception by the NYS Comptroller outlined in PBO Section 4-11
The oath of office for supreme court law clerk Steven M Connelly.
The public surety bond for Supreme Court law clerk Steven M Connelly as required by PBO Section 2-A.
If no public surety bond is available, please provide the exception by the NYS Comptroller outlined in PBO Section 4-11
The oath of office for supreme court secretary Erin M. Golen.
The public surety bond for Supreme Court law secretary Erin M. Gole as required by PBO Section 2-A.
If no public surety bond is available, please provide the exception by the NYS Comptroller outlined in PBO Section 4-11
Any and all bonds: bid, performance, payment and all others, on ledger and off ledger, associated with case No. 903039-21
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,
Douglas-Preston:Lloyd, Agent
From: New York State Supreme Court
This e-mail responds to your correspondence 8/7/24 which pursuant to FOIL, requested:
The oath of office for supreme court judge Roger D McDonough.
The public surety bond for Supreme Court Judge Roger D McDonough as required by PBO Section 2-A.
If no public surety bond is available, please provide the exception by the NYS Comptroller outlined in PBO Section 4-11
The oath of office for supreme court law clerk Steven M Connelly.
The public surety bond for Supreme Court law clerk Steven M Connelly as required by PBO Section 2-A.
If no public surety bond is available, please provide the exception by the NYS Comptroller outlined in PBO Section 4-11
The oath of office for supreme court secretary Erin M. Golen.
The public surety bond for Supreme Court law secretary Erin M. Gole as required by PBO Section 2-A.
If no public surety bond is available, please provide the exception by the NYS Comptroller outlined in PBO Section 4-11
Any and all bonds: bid, performance, payment and all others, on ledger and off ledger, associated with case No. 903039-21
Attached please find a copy of the Hon. Roger D. McDonough’s current oath of office. Please be advised that the date of birth has been redacted on the provided oath, in accordance with sections 87(2)(b) and 89(2)(b) of the Public Officers Law.
Regarding your request for the oaths of office for Steven M. Connelly and Erin M. Golen and the bonds, the Office of Court Administration has conducted a diligent search of available records and has not located any records responsive to your request.
In relation to “if no public surety bond is available, please provide the exception by the NYS Comptroller outlined in PBO Section 4-11,” 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:
Michael Siudzinski, Assistant Deputy Counsel
FOIL Appeals Officer
25 Beaver Street, 10th Floor
New York, NY 10004
Or you may submit such appeal by email to: FOILappeal@nycourts.gov<mailto:FOILappeal@nycourts.gov>
