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 9Nevertheless, 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