FOIL Appeal Determination for 08-03-2A (Jeffrey B. Gracer, February 29, 2008)
February 29, 2008
New York State Department of Environmental Conservation
Office of Hearings and Mediation Services, 1st Floor
625 Broadway, Albany, New York 12233-1550
Phone: (518) 402-9003 • FAX: (518) 402-9037
Website: http://www.dec.ny.gov/
BY FACSIMILE & REGULAR MAIL
February 29, 2008
Jeffrey B. Gracer, Esq.
Sive, Paget & Riesel, P.C.
460 Park Avenue
New York, New York 10022-1906
Re: Freedom of Information Law ("FOIL") Appeal No. 08-03-2A
FOIL Request No. 07-2629
Dear Mr. Gracer:
This is to provide you with additional records in response to your above-referenced FOIL request and subsequent appeal.
By letter dated February 16, Assistant Commissioner Alexander stated his understanding of the parameters of your request, based upon his discussions with you. During those discussions, you clarified that you are seeking correspondence and other records sent to the Parties by the Department. You also confirmed that your request does not extend to correspondence and other records sent to the Department by the Parties. Additionally, you advised that you are not seeking disclosure of records that fall under the intra-agency/inter-agency or attorney-client/attorney work product exceptions under FOIL. Consistent with the foregoing understanding, Assistant Commissioner Alexander provided you with additional records and advised that further review of Department records was underway.
Our review to date has identified additional releaseable records responsive to your request, as clarified. Accordingly, enclosed herewith are the following:
76 Eleventh Avenue Development Site: email dated February 7, 2007 from Sharon Styk to you and others (transmitting Letter of Completeness)
76 Eleventh Avenue Development Site: email dated February 6, 2007 from Debra Moloughney to Gary Dorin and Michael Wilcken of Con Ed (re: mailings for BCP application)
76 Eleventh Avenue Development Site: email dated February 6, 2007 from Debra Moloughney to Gary Dorin and Michael Wilcken of Con Ed (re: mailings for BCP Application)
19th Street Development Site: letter dated July 12, 2004 from Denise D'Ambrosio to Mark Chertok of Sive, Paget & Riesel, P.C. (acknowledging receipt of signed copies of the Brownfield Cleanup Agreement)
River Place I: letter dated June 16, 2004 from Kelly Lewandowski to Eddy Louie of Con Ed (Letter of Completeness)
19th Street Development Site: letter dated December 24, 2003 from Denise D'Ambrosio to Mark Chertok of Sive, Paget & Riesel, P.C. (transmitting 12/17/03 amendment to the Voluntary Cleanup Agreement)
19th Street Development Site: letter dated February 11, 2003 from Denise D'Ambrosio to Mark Chertok of Sive, Paget & Riesel, P.C. (accepting site into the Voluntary Cleanup Agreement)
19th Street Development Site: Voluntary Cleanup Agreement. This record is in excess of 30 pages and will be sent to you by regular mail only.
As stated in Assistant Commissioner Alexander's letter to you of February 16, we will notify you if additional releaseable records are identified. Please feel free to contact me if you have any questions.
Respectfully,
/s/
Richard A. Sherman
Administrative Law Judge
cc: Assistant Commissioner Alexander
