Records: Noach Dear

T. McElwee filed this request with the Federal Bureau of Investigation of the United States of America.

It is a clone of this request.

Tracking #

1466379-000

Status
Completed

Communications

From: T. McElwee


To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

All Bureau records mentioning or pertaining to the late Noach Dear, also known as Noah Dear, who is known as a judge, lawyer and politician.

Dear was a Justice of the Supreme Court of New York State (from 2015-2020); a judge of the New York City Civil Court (from 2008-2015); a candidate for New York State Senate (2002); a candidate for the House of Representatives in 2000; and served a lengthy stint as a member of the New York City Council (from 1983–2001).

An attached news story shall serve as proof of Dear having passed away in 2020; as such, privacy concerns recognized under FOIA and the Privacy Act are diminished.

To assist in the identification of records, the first five digits of Dear's Social Security Number were 111-44. His birth month/year was November 1953; report of his death was published in April 2020. His longtime residence was in Brooklyn, NY (Kings County). The NYS Attorney Registration Database lists his attorney registration number as 2621670.

Please conduct a search of the Central Records System including (but not limited to) the Counterdrug Information Indices System (CIIS), ELSUR Records System, the Microphone Surveillance (MISUR) Indices, the Physical Surveillance (FISUR) Indices, and the Technical Surveillance (TESUR) Indices, for both main-file records and cross-reference records for all relevant names, individuals, agencies and companies.

If any potentially responsive records have been destroyed and/or transferred to NARA, then I request copies of the destruction or transfer slips as well as any other documentation relating to, mentioning or describing said transfer or destruction, to include but not be limited to confirmation that the Bureau has no other copies of said records.

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 20 business days, as the statute requires.

Sincerely,

T. McElwee

  • Brooklyn20judge20and20former20City20Councilman20Noach20Dear20dies20from20coronavirus2.pdf

From: Federal Bureau of Investigation

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Public Information Officer
FBI - Information Management Division
170 Marcel Drive
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O: (540) 868-4593
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E: foipaquestions@fbi.gov<mailto:foipaquestions@fbi.gov>

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From: T. McElwee

To whom it may concern:

I have not received either a formal acknowledgment of the specific request (for records concerning Noach Dear); nor have I received a FOIPA number. Please remedy forthwith.

-TM

From: T. McElwee

To Whom It May Concern,

On April 19, 2020, I submitted a request via email (Subject line: Records: Noach Dear) under the Freedom of Information Act. The aforementioned request and supporting documentation (proving Noach Dear is deceased) are included.

The agency has yet to acknowledge the request, and has not provided a FOIPA number to track it in spite of several follow-up emails.

I am therefore appealing the constructive denial of my request, and asking for a determination that the agency must respond to my request, providing the documents or outlining reasons that they are exempt.

Best,
T. McElwee

From: Federal Bureau of Investigation

An acknowledgement letter, stating the request is being processed.

From: Federal Bureau of Investigation

An interim response, stating the request is being processed.

From: T. McElwee

Attention: Work Process Unit

Re: Interim Response, FOIPA Request 1466379-000, Subj: Dear, Noach

I have received the above captioned interim response (dated October 22, 2020) to my request for records concerning the Hon. Noach Dear, where Mr. Seidel asks to "advise in writing if you would like to discuss reducing the scope of request."

My preferred approach is to request a rolling release of records in some logical order (either chronologically, or by case), to be left to the Bureau's choosing. If there are previously-released records, I would accept them first.

I appreciate a response in writing via fax.

Thank you for your time and consideration,
-T. McElwee

From: Federal Bureau of Investigation

An interim response, stating the request is being processed.

From: Federal Bureau of Investigation

An interim response, stating the request is being processed.

From: Federal Bureau of Investigation

An interim response, stating the request is being processed.

From: Federal Bureau of Investigation

An interim response, stating the request is being processed.

From: Federal Bureau of Investigation

An interim response, stating the request is being processed.

From: Federal Bureau of Investigation

Please see the attached full withholding letter pertaining to six pages of documents referred to us by the FBI in response to your FOIA request to that agency, which we hereby withhold in full.

From: Federal Bureau of Investigation

A copy of documents responsive to the request.

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