---------- Forwarded message --------- From: Gunnar Larson <g@xny.io> Date: Wed, Nov 20, 2024, 3:55 AM Subject: Re: FOIL Larson 1387 To: Bella Satra <bella.satra@exec.ny.gov> Cc: Shoshanah Bewlay (dos.ny.gov) <shoshanah.bewlay@dos.ny.gov>, Records _Access <records.access@exec.ny.gov>, <letitia.james@ag.ny.gov>, Reader, Shaun <sreader@curtis.com>, cypherpunks <cypherpunks@lists.cpunks.org> Dear Ms. Bella: xNY.io - Bank.org finds the Executive Chamber’s responsive findings to our due diligent request seeking logo records for Moynihan Train Hall at Penn Station as stale. The Governor of New York State knows what xNY.io - Bank.org is describing or she does not know what xNY.io - Bank.org is describing. There would be responsive records to our kind request, or there would be no records. Ms. Bella, are you risking your legal license in a systematic social inflation exercise? xNY.io - Bank.org gives the Executive Chamber to this Friday November 22, 2024 at Noon EST. or else we will inspire shock and awe like the Executive Chamber has never seen. I have CCd the honorable Ms. Letitia.james@ag.ny.gov, who may know what we are referring to. This Ms. Bella is far from "improper" as the Executive Chamber describes. Best, Gunnar ✌️ -- Gunnar Larson xNY.io - Bank.org 917-580-8053 PS: Mr. SATRA, you are foolish to risk your law license, using your name against mine, Gunnar Larson. November 19, 2024 Via Email: Gunnar Larson (g@xny.io) RE: FOIL no. R001387-102924 Dear Gunnar Larson: This letter responds to the appeal you requested dated November 4, 2024 challenging the Executive Chamber’s (the “Chamber”) determination regarding FOIL request no. R001387-102924. 1. Background On or about October 29, 2024, you submitted FOIL request no. R001387-102924 to the Chamber, which sought: Bank.org seeks access to records and information related to logo and artwork for Moynihan Train Hall at Penn Station: https://m.facebook.com/MoynihanTrainHall/. By correspondence dated November 4, 2024, the Records Access Officer of the Chamber (“RAO”) notified you of its determination that to the extent the request was reasonably described, the Chamber is not the custodian of the records sought. By letter dated November 4, 2024, you submitted an appeal contending that the determination was improper.1 2. Determination The New York Freedom of Information Law’s legislative declaration sets forth that “government is the public’s business,” and affords the citizenry the opportunity to obtain information relating to the day-to-day functions of the government. Public Officers Law § 84, Fink v. Lefkowitz, 47 N.Y.2d 567, 571 (1979). However, the disclosure requirement is not unlimited or unfettered. See POL §§ 87, 89. A request must be reasonable in view of an agency’s ability to identify, locate and review potentially responsive documents and agencies need only conduct a diligent search of available records. As an initial matter, I agree with the RAO that the request is not reasonably described, as is required by POL § 89(3). For example, the phrases “access ... to information” and “logo and artwork for Moynihan Train Hall” are ambiguous and do not provide reasonably sufficient specificity to enable the RAO to conduct a search for potentially responsive records. To the extent the request is reasonably described and responsive records may exist, the Chamber does not maintain the records sought and is not the custodian of records of other agencies. The appeal dated November 4, is denied. This decision may be appealed in accordance with Article 78 of the Civil Practice Law and Rules. I note that you may wish to submit another request for records, in accordance with the Freedom of Information Law, to another agency. Very truly yours, Bella S. Satra Assistant Counsel to the Governor FOIL Appeals Officer cc: Shoshanah Bewlay, Executive Director, NYS Committee on Open Government (Shoshanah.Bewlay@dos.ny.gov) NYS Executive Chamber Records Access Office (records.access@exec.ny.gov) On Tue, Nov 19, 2024, 5:35 PM Bella Satra <bella.satra@exec.ny.gov> wrote:
Please see the attached. The appeal is also attached for reference.
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*Bella S. Satra*
Assistant Counsel to the Governor
*New York State Executive Chamber*
State Capitol, Rm 214, Albany NY 12224
Office: 518-474-1836 | bella.satra@exec.ny.gov <bella.satra@gmail.com>
www.governor.ny.gov