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NEw YORK | Department sre | of Health ANDREW M. CUOMO HOWARD A. ZUCKER, M.D.,J.D. SALLY DRESLIN, M.S. RL. ‘Governor ‘Commissioner Executive Deputy Commissioner Janvary 23, 2019 VIA E-MAIL ONLY. Chris Bragg Albany Times Union bragg.chs Re: FOIL requests Dear Mr. Bragg: ‘This letter isin response to your recent submissions of Freedom of information Law (FOIL) requests beginning on January 16, 2019, in which you request thatthe Department of Health search the e-mails ofall ofits empioyees for certain search terms, Specifically, in adgltion to resubmiting your request for the Department to collectively search “any e-mail sent ‘or received by any DOH employee since January 1, 2015" for the search terms identified in your request, you have also submitted, to date, 2 separate requests for a search of "any email sent or received by" each of one, two, or three individual DOH employees identified in each request, (hereinafter, cllectvely referred to as your recent requests"). By way of background, the Department denied your two previbus requests, FOIL #18- 412-298 and FOIL #19-01-064, for “any email sent or recelved by’ al or any Department of Health employees, both collectively and singularly, containing the search terms you specified in ‘your request, By is letter dated January 15, 2019, a copy of which is attached and is incorporated by reference here, the Department denied your second such request, by which you submitted 4,750 separate, distinct FOIL requests... . sedking a search ofthe email records for [the specified] search terms ofa single different person who was on the DOH payroll in 2015.” In its letter, the Department not only explained why your request is considered “not reasonably described" under the law, but offered to assist you in narrowing your request to articulate a Comprehensive request that wil yield meaningful results. You dectined this offer and instead ‘continue to eubmit requests that have been previously denied. Accordingly, your recent requests will nol be considered. The Department is not ‘obligated to entertain repeated submissions of requests previously denied (see Callahan, 16 A.D.34 849, 850 (34 Dep't 2005), nor sit obligated to process requests that will ‘essentially overwhelm the resources ofthe Department's Records Access Office and thwart its billy to perform its necossary functions (see Fisher & Fisher v. Davison, 1988 N.Y. Misc. LEXIS 876, 9-10 (NY Sup. CL, 1988), In this way. your recent request are contrary to the spirit and intent of FOIL, rave St Pa, Corin Tor, Abary, NY 1257 pea 9 Nevertheless, should you decide to narrow your aquest as suggested in the Departments letter of January 15, 2019, we stand ready to assist you you require addtional information or wish to discus this matter futher, please do not hesitate to contact me at (518) 474-8734, Very truly yours, Gack, Rosemarie Hewig, Esd: Records Access Officer ce: Robert J. Freeman, Executive Director, NYS Committee on Open Government

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