Preview
FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/21/2024
EXHIBIT 7
FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/21/2024
Raymond Zuppa
The Zuppa Firm PLLC
9 Reed Street
Hauppauge, NewYork
11788
Telephone:(646) 750-2972
rayzuppa@thezuppafirm.com
February 20, 2024
Via Certified Mail
Records Appeals Officer
Nassau County Police Department
Office of the Commissioner of Police
1490 Franidin Avenue
Mineola, NewYork 11501
Re: Freedom of Information Law ("FOIL") Reference #: 339529
PDReference #: 3240-23
SECONDNOTIFICATION/FINALNOTICE: (pursuant to Article 78 of
the Civil Practice Law and Rules and N. K PUB. OFELAW§ 89(4 ) - you
have failed to timely respond)
Dear Records Appeals Officer:
I amwriting second time to appeal under the Freedom of Information Law (Article
for the 6 of the
Public Officers Law) the Nassau County Police Department's ("NCPD") denial of my request
dated December 28, 2023, which request was made electronically.
My first dated January 15, 2024 ("January Appeal") and was mailed via certified
Appeal is mail
on January 17, 2024. It was received by your office on January 19, 2024 at 11:57 a.m. wherein
the correspondence was left with an individual who refused to sign for it. (Detailed infra)
I received the NCPD's denial of my request electronically on Tuesday January 2, 2024. (See
attached immediately behind the January Appeal)
The denial states in relevant part:
Please be advised that your request denied pursuant to NYSPublic Officers Law
is
§87(2)(b). Producing the records requested would constitute "an unwarranted invasion of
privacy."
personal
In order to process your request, pursuant to NYSPublic Officers Law § 87(2)(b), we will
require a notarized authorization from a person involved in the incident, authorizing
the Nassau County Police Department to release the documents to you. (Emphasis added)
FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/21/2024
The law most respectfully disagrees with this pro forma denial.
As stated the January Appeal was mailed via certified mail on January 17, 2024. (See attached
Appeal followed by the two paged denial, the Original Request and the Certified Mail
Receipt) Although the January Appeal was received by your office the individual who received
the January Appeal refused to sign for it. (See Second Page of two page Certified Return Mail
Receipt following the Certified Mail Receipt) In fact this is true for both appeals that I submitted
- this appeal and the appeal of yet another denial. Perhaps it was felt that if no
one acknowledged
receipt by affixing their signature and date of receipt upon the Return Receipt I could not prove
that your oñice received the Appeal. However the postal tracking record demonstrates that the
Appeal was received your office on 2024 a.m."
January by January 19, at precisely "11:57 (11:57
individual."
hours) wherein it was "delivered to an
The United States Postal Service is still the best deal in town.
The records requested would not constitute "an unwarranted invasion of persorial privacy."
An
inspection of the request will demonstrate that information requested had
"incident." nothing to do with an
Rather it involved the investigation of a young woman's belongings which were found
by a nearby resident on or about the beach near Ocean Parkway - Tobay Beach/West Gilgo Beach.
Over a decade ago the NCPDidentified the young womanas one NATASHA JUGO. Furthermore
MS. JUGOhas been deceased since at least June 24, 2013, so it would be impossible to receive a
authorization." - see
"notarized This was so stated in the request infra. The request also stated in
relevant part (See attached request):
Natasha L. Jugo's identification and other effects were found on Sunday, March 17, 2013
in the vicinity of the beach near West Gilgo Beach and Tobay Beach in the
County of
Nassau. The Nassau County Police Department was notified. The N.C.P.D. notified the
NYPDsince the decedent resided in Queens County. The N.C.P.D. investigated locating
the decedent's vehicle nearby along with footprints on the beach leading to the ocean as
well as articles of the decedent's clothing.
The above investigation was conducted by the NCPD. In fact based upon information that I
recently received I can tell you that the NCPDassigned SEVENTH SQUADDETECTIVE
HILLMAN to the investigation. It involves no "incident" and the allegedinformation has already
been released to the press.
As discussed the request provided further information:
Decedent's (Jugo's) body was recovered from the water (Atlantic Ocean) in the of
vicinity
Gilgo/West Gilgo Beach, Suffolk County NewYork at approximately 9:30 P.M. on June
24, 2013.
She went missing on or about March 16, 2013. Her personal effects were found on the
beach the following day - March 17, 2013.
Furthermore you are free to redact any identification information in your response
thereby
avoiding the alleged "invasion of personal privacy."
FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/21/2024
FOIL provides the public with broad "access to the records of government" (Public Officers
Law § 84). The term "record" is defined to include:
"[A]ny information kept, held, produced or reproduced by, with or for an
filed,
agency or the state legislature, in any physical form whatsoever including, but not
limited to, reports, statements, examinations, memoranda, opinions, folders, files,
books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters,
codes"
microfilms, computer tapes or discs, rules, regulations or (Public Officers
Law § 86 [4] [emphasis supplied]).
records"
An agency must "make available for public inspection and copying all unless it
can claim a specific exemption to disclosure ( see Public Officers Law § 87; 1
8_9. [3]). However, the exemptions are to be narrowly interpreted so that the public is
granted maximum access to the records of government ( Matter of Capital Newspapers,
Div. of Hearst Corp. v Whalen, 69 NY2d 246, 252).
Data Tree v. Romaine, 9 N.Y3d 454, 463 (2007)
As required by FOIL, please respond within ten (10) business days of receipt of this appeal and
provide sought or a full
access to the records explanation of the reasons for ftuther denial. N_
PUB, OFE LAW§ 89(4)(a): 10 N. KC.R.R. Section 50-L9(c). As you are aware, FOIL provides
that failure to determine an appeal within ten business days of the receipt of such appeal constitutes
a denial of that appeal, which may be immediately challenged pursuant to Article 78.of the Civil
Practice Law and Rules. N.Y PUB. OFELAW§ 89(4).
As you have already
stated failed to provide a response within ten business days. In fact it has
been more than 30 business days. As such I amentitled to bring an action forthwith. I amgiving
you one final opportunity to comply or I will commence legal action. I commence actions
everyday as part of my profession. As such it will be quite easy right through a successful Appeal.
If you have any questions about this, you may contact meat rayzuppa@thezuppafirm.com or (646)
750-2972.
With Much Respect
/s/Row wed
Z-t^Pth
Raymond Zuppa
cc. Agency FOIL
Office of the Nassau County Attorney
One West Street
Mineola, New York 11501
Ph: 516-571-3056
FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/21/2024
RaymondZuppa
9 Reed Street
Hauppauge, NewYork
11788
Telephone:(646) 750-2972
rayzuppa@thezuppafirm.com
January 15, 2024
Via Certified Mail
Records Appeals Officer
Nassau County Police Department
Office of the Commissioner of Police
1490 Franldin Avenue
Mineola, NewYork 11501
Re: Freedom of Information Law ("FOIL") Reference #: 339529
PD Reference #: 3240-23
Dear Records Appeals Officer:
I am writing under the Freedom of Information
to appeal Law (Article 6 of the Public Officers
Law) the Nassau County Police Department's ("NCPD") denial of my request dated December 28,
2023, which request was made electronically.
I received the NCPD's denial of my request electronically on Tuesday January 2, 2024. Thank
you for the prompt response.
The denial states in relevant part (See attached):
Please be advised that your recjuest is denied pursuant to NYSPublic Officers Law
§87(2)(b). Producing the records requested would constitute "an unwarranted invasion of
privacy."
personal
In order to process your request, pursuant to NYSPublic Officers Law § 87(2)(b), we will
from a person involved in the incident,
require a notarized authorization authorizing the
Nassau County Police Department to release the documents to you.
I most respectfully disagree with this pro forma denial.
privacy."
The records requested would not constitute "an unwarranted invasion of personal An
inspection of the request will demonstrate that information requested had nothing to do with an
"incident." of a young woman's identification which was
Rather it involved the investigation
found by a nearby resident on or about the beach near Ocean Parkway. The NCPD through a press
release over a decade ago has already identified the young woman as one Natasha Jugo. The
request stated in relevant part (See attached):
FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/21/2024
Natasha L. Jugo's identification and other effects were found on Sunday, March 17, 2013
in the vicinity of the beach near West Gilgo Beach and Tobay Beach in the County of
Nassau. The Nassau County Police Department was notified. The N.C.P.D. notified the
NYPDsince the decedent resided in Queens County. The N.C.P.D. investigated locating
the decedent's vehicle nearby along with footprints on the beach leading to the ocean as
well as articles of the decedent's clothing.
The above investigation was conducted by the NCPD. It involves no incident and the information
has already been released to the press. The request provided further information:
Decedent's body was recovered from the water (Atlantic Ocean) in the vicinity of
Gilgo/West Gilgo Beach, Suffolk County NewYork at approximately 9:30 P.M. on June
24, 2013.
She went missing on or about March 16, 2013. Her personal effects were found on the
beach the following day - March 17, 2013.
Furthermore you are free to redact any identification information in your response thereby
privacy."
avoiding the alleged "invasion of personal
As required by FOIL, please respond within ten (10) business days of receipt of this appeal and
provide sought or a full explanation of the reasons for further denial.
access to the records Y N
PUB. OFELAWS 89(4)(a); 10 N.YC.R.R. Section 50-L9(c). As you are aware, FOIL provides
that failure to determine an appeal within ten business days of the receipt of such appeal constitutes
a denial of that appeal, which may be immediately challenged pursuant to Article 78 of the Civil
Practice Law and Rules. N.Y PUB. OFRLAW S 89(4).
If you have any questions about this, you may contact meat rayzuppa@thezuppafirm.com or (646)
750-2972.
With Much Respect
/s/Ray movG4Z-Ex g>³xu
Raymond Zuppa
FILED: NASSAU COUNTY CLERK INDEX NO. 608929/2024
2/19/24, 12:35 AM Nassau05/21/2024 01:53 PM
County FOlL - DONOTREPLY- rayzuppa thezuppafirm.com
- Outlook
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/21/2024
Nassau County FOlL - DONOTREPLY
do-not-reply@nassaucountyny.gov
Thu 12/28/2023 12:08 AM
To:rayzuppa thezuppafirm.com
NASSAUCOUNTY Nassau County POlL Request
YORK
LONGISLAND.NEW polica
2PD FOlL
Dear Raymond Zuppa,
Below is a copy of the foll request you have recently submitted for your records:
FOlL Reference Number: 339529
PDFOIL Reference Number: 3240-23
Dep
art
Police
men
t:
Natasha L. Jugo; (Decedents Address -2919 213th Street, Bayside NewYork 11360) (DOB: Novemberof
Decedent:
Req 1981) Natasha L. Jugo's identification and other effects were found on Sunday, March 17, 2013 in the vicinity of Tobay
uest Beach in the County of Nassau. The Nassau County Police Department was notified. The N.C.P.D. notified the N.Y.P.D.
ed since the decedent resided in Queens County. The N.C.P.D. investigated. They located the decedents vehicle (Toyota
Rec Prius) along with footprints from the car to the beach leading to the ocean as well as articles of the decedents clothing.
ords Decedent was last seen on March 16, 2013 outside her home at approximately 4:30 P.M. Decedents body was
: recovered from the water (Atlantic Ocean) in the vicinity of Gilgo/West Gilgo Beach, Suffolk County New York at
approximately 9:30 P.M. on June 24, 2013.
First Last
Raymond
Name: Name:
Address: 9 Reed Street
City: Hauppauge State: NEWYORK Zip: 11788
Email
rayzuppa@thezuppafirm.com
one
646 750-2972
Nurnber:
This request for E911 records is denied pursuant to County Law §308(4).
You may appeal this decision within thirty (30) days, in writing to:
Nassau County Police Department
Office of the Commissioner of Police -
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FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024
2/19/24, AM12:35 Nassau County FOIL - DONOTREPLY- rayzuppa thezuppafirm.com - Outlook
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/21/2024
1490 Franklin Avenue
Mineola, NewYork 11501.
NUMBER
MUSTINCLUDEYOURFOIL REFERENCE
ALL CORRESPONDENCE
Thank you.
Nassau County Police Department
https://www.pden.orgi
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FILED: NASSAU COUNTY Fw:
CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024
- Outlook
1/6/24)11 PM Reference #: 339529/PD Reference #3240-23 - rayzuppa thezuppafirm.com
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/21/2024
Fw: Reference #: 339529/PD Reference #3240-23
rayzuppa thezuppafirm.com
Sat 1/6/2024 3:06 PM
To:1saiah Zuppa
From: do-not-reply@nassaucountyny.gov
Sent: Tuesday, January 2, 2024 3:34 PM
To: rayzuppa thezuppafirm.com
Cc: rayzuppa thezuppafirm.com
Subject: Reference #: 339529/PD Reference #3240-23
O NASSAUCOUNTY
LONGISLAND,NEWYORK
Nassau County FOIL Request
Police
2PD FOIL
Weare in receipt of your Freedom of Information Law (FOll) request. Please be advised that your request is denied pursuant
Law requested would constitute "an unwarranted invasion of
to NYS Public Officers §87(2)(b). Producing the records
privacy."
personal
Inorder to process your request, pursuant to NYS Public Officers Law § 87(2)(b), we will require a notarized authorization
Department to release the documents to you.
from a person involved in the incident, authorizing the Nassau County Police
(Emailed documents must have either a jpeg or a pdf extension)
Please forward these documents by o-n-e of the following methods:
- scan and email the documents to the following emaii address:
(FOIL@PDCN.ORG);or
- mail the documents to the following address:
Nassau County Police Department
1490 Franklin Avenue
Mineola, NewYork 11501
ATTN: Legal Bureau
ALL CORRESPONDENCE MUSTINCLUDEYOURFOIL REFERENCE NUMBER
Please note you may appeal this decision within 30 days, in writing to:
Nassau County Police Department
Office of the Commissioner of Police
1490 Franklin Avenue
Mineola, NewYork 11501
Nassau County Police Department
Office of the Commissioner of Police
1490 Franklin Avenue
Mineola, NewYork 11501.
NUMBER
MUSTINCLUDEYOURFOIL REFERENCE
ALL CORRESPONDENCE
Thank you.
Nassau County Police Department
fittps://www.pden.org/
1/2
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NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024
,1/6/2d; f Fw: Reference #: 339529/PD Reference #324D-23 - rayzuppa thezuppafirm.com - Outlook
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 05/21/2024
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