Restaurants NY (New York State Department of Health)

Rusty Weiss filed this request with the New York State Department of Health of New York.
Tracking #

20-09-269

Multi Request Restaurants NY
Status
Rejected

Communications

From: Rusty Weiss

To Whom It May Concern:

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

Any documents or email correspondence pertaining to restaurants and bars.

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,

Rusty Weiss

From: New York State Department of Health

Good afternoon:

Attached is the Department of Health's response to your Freedom of Information Law (FOIL) request #20-09-269.

Records Access Office
New York State Department of Health
Corning Tower, Rm 2364
Albany, NY 12237
P: (518) 474-8734
F: (518) 486-9144
Email: foil@health.ny.gov<mailto:foil@health.ny.gov>

[state]

From: Rusty Weiss

The inquiry requests any email correspondence within the department containing the keyword "restaurant" or "bar" within the last year. Such a request is narrow in scope and quite easy to attain. Thank you.

From: New York State Department of Health


From: Rusty Weiss

Please amend the request to read the following:

Any email correspondence containing the keyword "restaurant" or "bar" within the last year from the accounts for -
- Howard Zucker, Commissioner
- Daniel Kuhles, Director at the Bureau of Communicable Disease Control
- Bradley Hutton, Deputy Commissioner at the Office of Public Health
- Debra Blog, Director at the Division of Epidemiology
- Elizabeth Lewis-Michl, Director at the Division of Environmental Health Assessment
- Brian Miner, Director at the Bureau of Community Environmental Health and Food Protection
- Darby J. Greco, Chief Sanitarian at the Food Protection Section
- Roger Sokol, Director at the Division of Environmental Health Protection

Thank you very much for your time and consideration.

From: New York State Department of Health

Dear Mr. Weiss:

Thank you for your email.

Would it be possible for your to further narrow your request - for example, provide additional search terms? Using the terms "restaurant" or "bar" by themselves is going to likely yield tens of thousands of email communications.

Otherwise, your request is going to again be denied as "not reasonably described."

Please feel free to contact me if you wish to discuss your request.

Thank you -

Rosemarie Hewig, Esq.
Associate Counsel / Records Access Officer
NYS Department of Health
Division of Legal Affairs
Corning Tower, Room 2354
Albany NY 12237-0026
Phone: 518-474-8734

[state]

From: Rusty Weiss

Thank you for reaching out. If I narrow it down to the last six months, will that work?

Appreciate your help.

From: New York State Department of Health

Dear Mr. Weiss:

Thank you for your response.

I'm sorry, given the generic and broad search terms of "restaurants" or "bars," even limiting the search to six months is going to yield an inordinate number of results - many of which will have no relation to the purpose of your request.

If you tell me what it is you are seeking, perhaps I can assist you in narrowing your request to provide results meaningful to your objective.

Rosemarie Hewig, Esq.
Associate Counsel / Records Access Officer
NYS Department of Health
Division of Legal Affairs
Corning Tower, Room 2354
Albany NY 12237-0026
Phone: 518-474-8734

[state]

From: Rusty Weiss

Thank you. I am seeking department discussions regarding restrictions and lockdowns pertaining to the pandemic.

From: Rusty Weiss

Also, I have listed 8 particular accounts in my previous follow up. The request is quite narrow at this point.

From: New York State Department of Health

Dear Mr. Weiss -

This Office responded to your request by letter dated September 23, 2020. The Records Access Appeals Officer responded to your appeal by letter dated October 13, 2929. Both letters are attached here.

Accordingly, your FOIL request is closed.

Rosemarie Hewig, Esq.
Associate Counsel / Records Access Officer
NYS Department of Health
Division of Legal Affairs
Corning Tower, Room 2354
Albany NY 12237-0026
Phone: 518-474-8734

[state]

From: Rusty Weiss

And a day later, October 14th, you wrote "If you tell me what it is you are seeking, perhaps I can assist you in narrowing your request to provide results meaningful to your objective."

I just told you what that was.

From: New York State Department of Health

Dear Mr. Weiss -

Your request for "department discussions regarding restrictions and lockdowns pertaining to the pandemic" does not reasonably describe the records you are seeking.

Please feel free to contact me if you have any further questions.

Rosemarie Hewig, Esq.
Associate Counsel / Records Access Officer
NYS Department of Health
Division of Legal Affairs
Corning Tower, Room 2354
Albany NY 12237-0026
Phone: 518-474-8734

[state]

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