NEw YorK | Department orontun. | of Health ‘ANDREW M. CUOMO HOWARD A. ZUCKER,M.D.,J.D. SALLY DRESLIN, M.S., RN. Governor Commissioner Executive Deputy Commissioner December 5, 2018 VIA EMAIL CORRESPONDENCE Chris Bragg Albany Times Union bragg.chris@gmail.com FOIL # 18-10-093, Dear Mr. Bragg: This letter responds to your Freedom of Information Law request of October 5, 2018, in which you requested “[alny emails between Jan 1, 2015 and March 15, 2016 sent to ~ or by ~ any Department of Health employee, with the following included anywhere in the email, including the senderirecipient addresses: @CrystalRunHealthCare.com DSansted@CrystalRunHealthCare.com HTeitelbaum@CrystalRunHealthCare.com MKoury@CrystalRunHealthCare.com JNasser@CrystalRunHealthCare.com [and JNasser@CrystalRunHealthCare.com]" Please be advised that your request is denied pursuant to Public Officers Law §89(3) as it fails to meet the requirement that the requester reasonably describe the records requested. Whether a request is reasonably described may be dependent upon the nature of an agency's filing or record keeping system and agency employees are not required to engage in herculean or unreasonable efforts to locate records. See Konigsburg v. Coughlin, 68 N.Y.2d 245 (N.Y. 1986) and the NYS Committee on Open Government's FOIL Advisory Opinions 18949 and 18863. The Department notes that you have requested any email communications with agency staff conceming or with select external parties with the “@CrystalRunHealthCare.com” email address suffix for the period of time between January 1, 2015 and March 15, 2016. The Department of Health employs thousands of individuals and your request fails to identify specific agency staff whose email communications you are seeking. The Committee on Open Government has explained that “a request for ‘al’ records, without limitation, that include a certain name, for example, might not be found to reasonably describe the records.” (COOG AO-18949 (Aug. 20, 2012)). This denial is without prejudice to submit a new request that reasonably describes the records sought. ‘Should you feel that you have been unlawfully denied access to records, you may appeal such denial in writing within 30 days to the Records Access Appeals Officer, Division of Legal Affairs, Empire State Plaza, 2438 Corning Tower, Albany, New York 12237-0026. Empire State Plaza, Corning Tower, Albany, NY 12237 |health.ny.govIf you require additional information or wish to discuss this matter further, please do not hesitate to contact me at (518) 474-8734, Sincerely, oe 7 / LAP ROL ER Rosemarie Hewig, Esq. Records Access Officer RHlysd