On May 21, 2024 a
Exhibit,Appendix
was filed
involving a dispute between
Raymond J Zuppa,
and
County Of Nassau,
Nassau County Police Department,
Patrick J. Ryder
In His Official Capacity As Commissioner Of The Nassau County Police Department,
for Special Proceedings - CPLR Article 78
in the District Court of Nassau County.
Preview
FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024
EXHIBIT 4
FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024
Raymond Zuppa
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 amwritingto appeal under the Freedom of Information 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 request 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 mspectfully 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 do with an
requested had nothing to
"incident."
Rather it involved the investigation of a young woman's identification which was
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 womanas 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. 5 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
NYPD since 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 access to the records sought or a full explanation of the reasons for further denial. N2
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. NY PUB. OFRLAWf 89(4).
If you have any questions about this, you may contact meat rayzuppa( thezuppafinn.com or (646)
750-2972.
With Much Respect
/s/RMwwm&2-vPr
RaymondZuppa
FILED: NASSAU COUNTY Fw:
CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024
- Outlook
Reference #: 339529/PD Reference #3240-23 - rayzuppa thezuppefirm.com
1/6/24)¶11 PM
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024
Fw: Reference #: 339529/PD Reference #3240-23
rayzuppa thezuppafirm.com
Sat 1/6/2024 3:06 PM
To:Isaiah 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
NASSAUCOUNTY Nassau county FOlL Request
LONGISLAND,NEWYORK Ponce
2PD FOIL
Weare in receipt of your Freedom of information Law (FOIL) 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__De of the following methods:
- scan and email the documents to the following email address:
(FOlL@.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
MUSTINCLUDEYOURFOlL REFERENCE
ALL CORRESPONDENCE
Thank you.
Nassau County Police Department
fitps://www.pden.org/
1/2
about:blank
FILED: NASSAU COUNTY Fw:
CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024
Reference #: 339529/PD Reference #3240-23 - rayzuppa thezuppafirm.com - Outlook
1/6/2 PM 11
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024
2/2
about:blank
Document Filed Date
May 21, 2024
Case Filing Date
May 21, 2024
Category
Special Proceedings - CPLR Article 78
For full print and download access, please subscribe at https://www.trellis.law/.
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FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024 EXHIBIT 4 FILED: NASSAU COUNTY CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024 Raymond Zuppa 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 amwritingto appeal under the Freedom of Information 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 request 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 mspectfully 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 do with an requested had nothing to "incident." Rather it involved the investigation of a young woman's identification which was 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 womanas 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. 5 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 NYPD since 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 access to the records sought or a full explanation of the reasons for further denial. N2 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. NY PUB. OFRLAWf 89(4). If you have any questions about this, you may contact meat rayzuppa( thezuppafinn.com or (646) 750-2972. With Much Respect /s/RMwwm&2-vPr RaymondZuppa FILED: NASSAU COUNTY Fw: CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 - Outlook Reference #: 339529/PD Reference #3240-23 - rayzuppa thezuppefirm.com 1/6/24)¶11 PM NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024 Fw: Reference #: 339529/PD Reference #3240-23 rayzuppa thezuppafirm.com Sat 1/6/2024 3:06 PM To:Isaiah 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 NASSAUCOUNTY Nassau county FOlL Request LONGISLAND,NEWYORK Ponce 2PD FOIL Weare in receipt of your Freedom of information Law (FOIL) 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__De of the following methods: - scan and email the documents to the following email address: (FOlL@.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 MUSTINCLUDEYOURFOlL REFERENCE ALL CORRESPONDENCE Thank you. Nassau County Police Department fitps://www.pden.org/ 1/2 about:blank FILED: NASSAU COUNTY Fw: CLERK 05/21/2024 01:53 PM INDEX NO. 608929/2024 Reference #: 339529/PD Reference #3240-23 - rayzuppa thezuppafirm.com - Outlook 1/6/2 PM 11 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/21/2024 2/2 about:blank