On May 30, 2023 a
Exhibit,Appendix
was filed
involving a dispute between
John Whitfield,
and
Mta Foil Team And Legal Department,
for Special Proceedings - CPLR Article 78
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 05/30/2023 08:36 AM INDEX NO. 154850/2023
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023
John Whitfield
683 Halsey Street, Apt 2R
Brooklyn, NY 11233
347-355-9083
johnwhitfield471@gmail.com
April 20, 2023
FOIL Team
MTA Legal Department
2 Broadway, 4th Floor
New York, NY 10004
Re: FOIL Request-A&D Lines on April 16, 2023
Dear MTA FOIL Team:
Pursuant to Public Officers Law § 89 I would like to purchase the following NYCTA records
under the Freedom of Information Law (FOIL):
1. All records and reports regarding any and all Brakes in Emergency (BIE) incidents that occurred on
April 16, 2023 on the A-Line between Fulton Street and 168th Street and the D-Line between West 4th
and 145th Street.
2. All Rail Control Center (RCC) radio transmission reports and transcripts regarding any and all Brakes
in Emergency (BIE) incidents on April 16, 2023 on the A-Line between Fulton Street and 168th Street
and the D-Line between West 4th Street and 145th Street.
3. All Rail Control Center (RCC) radio transmission reports and transcripts regarding any and all
malfunctioning signals, including flashing signals, on April 16, 2023 on the A-Line between Fulton
Street and 168th Street and the D-Line between West 4th Street and 145th Street.
4. All records and reports of all MTA employees, including Train Operators and Conductors, that wrote
G2s (Correspondence Sheet) in response to any and all incidents on April 16, 2023 dealing with
malfunctioning signals and Brakes in Emergency (BIEs) between Fulton Street and 168th Street on the
A-Line and between West 4th Street and 145th Street on the D-Line.
5. Any and all reports regarding any and all incidents of any kind involving Automatic Signal # A2-976
located North of West 4th Street from 2018 to the present.
6. Any and all records and reports regarding Automatic Signal # A2-976 located North of West 4th Street
regarding the maintenance of this signal, including but not limited to the last time this signal was
examined, calibrated, repaired, and any and all reports of defects applicable to this signal since 2018.
7. Any and all records and reports from 2018 to the present involving the adjacent inoperable signal next
to Automatic Signal A2-976 located North of West 4th Street, that was covered with plastic on April 16,
2023.
I respectfully would like to highlight the fact that Public Officers Law § 89 (3)(a) require
that “within five business days of the receipt of a written request for a record reasonably
described” the agency “shall make such record available to the person requesting it, deny such
request in writing or furnish a written acknowledgement of the receipt of such request . . .”
Thank you for your time and consideration and I patiently await your expeditious
response that complies with all statutory provisions within Public Officers Law.
Respectfully submitted,
John Whitfield
Document Filed Date
May 30, 2023
Case Filing Date
May 30, 2023
Category
Special Proceedings - CPLR Article 78
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FILED: NEW YORK COUNTY CLERK 05/30/2023 08:36 AM INDEX NO. 154850/2023 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/30/2023 John Whitfield 683 Halsey Street, Apt 2R Brooklyn, NY 11233 347-355-9083 johnwhitfield471@gmail.com April 20, 2023 FOIL Team MTA Legal Department 2 Broadway, 4th Floor New York, NY 10004 Re: FOIL Request-A&D Lines on April 16, 2023 Dear MTA FOIL Team: Pursuant to Public Officers Law § 89 I would like to purchase the following NYCTA records under the Freedom of Information Law (FOIL): 1. All records and reports regarding any and all Brakes in Emergency (BIE) incidents that occurred on April 16, 2023 on the A-Line between Fulton Street and 168th Street and the D-Line between West 4th and 145th Street. 2. All Rail Control Center (RCC) radio transmission reports and transcripts regarding any and all Brakes in Emergency (BIE) incidents on April 16, 2023 on the A-Line between Fulton Street and 168th Street and the D-Line between West 4th Street and 145th Street. 3. All Rail Control Center (RCC) radio transmission reports and transcripts regarding any and all malfunctioning signals, including flashing signals, on April 16, 2023 on the A-Line between Fulton Street and 168th Street and the D-Line between West 4th Street and 145th Street. 4. All records and reports of all MTA employees, including Train Operators and Conductors, that wrote G2s (Correspondence Sheet) in response to any and all incidents on April 16, 2023 dealing with malfunctioning signals and Brakes in Emergency (BIEs) between Fulton Street and 168th Street on the A-Line and between West 4th Street and 145th Street on the D-Line. 5. Any and all reports regarding any and all incidents of any kind involving Automatic Signal # A2-976 located North of West 4th Street from 2018 to the present. 6. Any and all records and reports regarding Automatic Signal # A2-976 located North of West 4th Street regarding the maintenance of this signal, including but not limited to the last time this signal was examined, calibrated, repaired, and any and all reports of defects applicable to this signal since 2018. 7. Any and all records and reports from 2018 to the present involving the adjacent inoperable signal next to Automatic Signal A2-976 located North of West 4th Street, that was covered with plastic on April 16, 2023. I respectfully would like to highlight the fact that Public Officers Law § 89 (3)(a) require that “within five business days of the receipt of a written request for a record reasonably described” the agency “shall make such record available to the person requesting it, deny such request in writing or furnish a written acknowledgement of the receipt of such request . . .” Thank you for your time and consideration and I patiently await your expeditious response that complies with all statutory provisions within Public Officers Law. Respectfully submitted, John Whitfield