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  • Raymond J Zuppa v. Nassau County Police Department, Patrick J. Ryder in his official capacity as Commissioner of the Nassau County Police Department, County Of NassauSpecial Proceedings - CPLR Article 78 document preview
  • Raymond J Zuppa v. Nassau County Police Department, Patrick J. Ryder in his official capacity as Commissioner of the Nassau County Police Department, County Of NassauSpecial Proceedings - CPLR Article 78 document preview
  • Raymond J Zuppa v. Nassau County Police Department, Patrick J. Ryder in his official capacity as Commissioner of the Nassau County Police Department, County Of NassauSpecial Proceedings - CPLR Article 78 document preview
  • Raymond J Zuppa v. Nassau County Police Department, Patrick J. Ryder in his official capacity as Commissioner of the Nassau County Police Department, County Of NassauSpecial Proceedings - CPLR Article 78 document preview
  • Raymond J Zuppa v. Nassau County Police Department, Patrick J. Ryder in his official capacity as Commissioner of the Nassau County Police Department, County Of NassauSpecial Proceedings - CPLR Article 78 document preview
  • Raymond J Zuppa v. Nassau County Police Department, Patrick J. Ryder in his official capacity as Commissioner of the Nassau County Police Department, County Of NassauSpecial Proceedings - CPLR Article 78 document preview
  • Raymond J Zuppa v. Nassau County Police Department, Patrick J. Ryder in his official capacity as Commissioner of the Nassau County Police Department, County Of NassauSpecial Proceedings - CPLR Article 78 document preview
  • Raymond J Zuppa v. Nassau County Police Department, Patrick J. Ryder in his official capacity as Commissioner of the Nassau County Police Department, County Of NassauSpecial Proceedings - CPLR Article 78 document preview
						
                                

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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 - 1/2 about:blank 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 2/2 about:blank 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 about:blank FILED:1 PM 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 about:blank 2/2