Preview
FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024
FOlL &
VILLAGE OF PORTCHESTER
Village Clerk DATa
222 Grace ChurchStreet, Portchester,NY10573 RECEIVED
E-maihClerk@PortChesterNYaav
Phone (914)939-5202 e Fax (914)305-2560
wwwPortChesterNY4ov MAR 1 2 20 4
OF INFORMATIONLAW
FREEDOM VILLAGE CLERK3
OFFT
(FOll)REQUESTFORM VILLAGE OFPORTCHESTER
OURNAME
(FIRSTÄL LAST)
Craig A. Post TELEPHONEHOMíE
SUITE APT.
A DRESS
Suite 204 845-547-2522
4 Executive Blvd.,
. ..... ..
STATE ZIP CODE TELEPHONEMOBII
E
Suffern NY 10901 845-547-2522
TELEPHONEWORK
OMPANY NAME
/ BUSINESS
PLLC 845-547-2522
The Post Law Firm, FAX
suAu.
epost thepostfir co 845-215-0276
DATE0F APPLICATION
St NATURE PA.ICANT ,. . .
DESCRIPtlBN OPRE .
Complete accident/incident reports concerning the motorcycle accident involving
P.O. David Arroyo and P.0. Joseph Defence on 5-3-23 prepared in the regular
course of business of the Village of Port Chester Police Department and any other
department of the Village of Port Chester. Further, please provide all photos
taken by the Village of Port Chester Police Dept.3 any other department of the
Village of Port Chester or any other municipal agency that depicts the subject
accident.
. ... .
RElûTIN ADDRESS:
TOSTREET
SECTION BLOCK LOT,___
O I desire to view the documents requested during normal business hours. FEE:$
2 Iamrequesling copiesoHherecords,
{T…enty-nve cents/page for photocopies.
and,hetaby, agree topsythelawfulreproduction
Five dcMars ($5) per CD/DVDfor electronic
costs plus applicable postage.
copies. Request for specialized
DATEPAID
docurnants (blueprints, maps, etc.) will be charged at the Village's cost to reproduce. In cases requiñng
specialized
cornputer services to produce records, applicant can also be assessed at the hourly rate of the lowest paid employee
capable of reproducing the records.]
thisformwilibee-mailed,faxormalledtoyouinacknowledgementofyourrequest,as requiredbythePublic
A dated copy of
Officer's Law that a municipality respond to thisoriginalrequestwithinfive(5)businessdays.
. . ...
.. ..........
FORVILLAGEOFPORTCttESTER USEONLY
Forwarded to department[S the appropriate box(s)]: Sent by department to Clerk Office [M the appropriate box(s)]:
-
Building & Code Enforcement O Works
- Public O -
Building & Code Enforcement O - Public Works
-
Planning Zoning & Development O - Fire Department - Planning Zoning & Development ¤ - Fire Departrnent
O - Village Clerk / BOT fi - Police Department O - Village Clerk / BOT O - Police Department
- Finance O - Senior Cornmunity Center O - Finance O - Senior CommunityCenter
- Law O - Recreation Departrnent O - Law O - Recreation Department
- Manager Other: O - Building & Code Enforcement O - Public Works
Received by: JR VS SD OTHER: Sent by:
V2021-05-06
FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024
Craig Post
From: Summa, Sara
Sent: Tuesday, March 12, 2024 2:41 PM
To: Craig Post
Subject: Village of Port Chester FOIL Request #2024-140
Attachments: FOlL REQUEST2024-140.pdf
Good Afternoon,
Your request for records pursuant to the Freedom of Information Law (FOlL) has been received in the Village
Clerk's Office.
The Police Department states that there are no records responsive to your request.
you wish to appeal this determination,
If you must take an appeal in writing to Stuart L. Rabin, Village
Manager/Appeals Officer within thirty (30) days of same.
Thank you,
Sara Summa
Office Assistant
Village Clerk's Office
T: (914)939 5202
SSumma(âtPortChesterNY.gov
E:
222 Grace Church ST. | Port Chester, NY 10573
This message was secured by ZixCorp©. This message is intended only for the use of the person or entity to
whomit is addressed and may contain information that is privileged, confidential, and exempt from disclosure
under applicable law. This domain uses an encryption portal for any information sent that is considered to be
sensitive and will be transmitted via the Village's Encryption Portal. If the reader of this message is not the
intended recipient or the employee or agent responsible
for delivering the message to the intended recipient, you
are hereby notified that
any dissemination, or copying of
distribution
this communication is strictly prohibited.
If you have received this communication in error, please notify the sender immediately by return e-mail. This
message and any attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C SS 2510-
2521. This is a Government only e-mail. Please do not send any personal e-mails. The Village of Port Chester,
NYDepartment of Information and Technology Services archives all e-mails and their contents pursuant to the
NewYork State MU-1 Records Retention Schedule. PLEASEREMEMBER THEENVIRONMENT BEFORE
PRINTING THIS EMAIL.
1
FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024
VILLAGEOF PORTCHESTER M3 2 [
Village Clerk o Te
222 Grace Church Street, Port Chester, NY 10573
E-maik Clerk@PortChesterNY.cov
Phone (014) 939-5202 * Fax (914) 305-2560
www.PortChesterNY.qov
OFINFORMATIONLAW
FREEDOM VIuAGECi£RKS OFFICE
(FOll) REQUESTFORM OFPORTCHESTER.
VILLA È
YOURNAME
(FIRSTMAAST)
Craig A. Post
SUITEÏAPT.. TELEPHONEHOME
ADDRESS
Blvd. 204 845-547-2522
4 Executive TELEPHONE.MOBILE
STATE ZIP CODE
CITY
NY 10901 845-547-2522
Suf fern
TELEPHONEWORK
COMPANY
/BUSINESSNAME
PLLC 845-547-2522
The Post Law Firm, FAX
ErMAIL
epost@thepostfirmycom 845-215-0276
DATEOFAPPLICATION
O
SIGNATURE 1CANT .
3-16-24
DESCRIPT(DNOFRE RI5
report or equivalent for David Arroyo , Village police of ficer
(1) . Line of duty injury
for date of accident, 5-3-2023 ;
for accident involving PO David Arroyo
(2) . NYS Worker ' s Comp Farm C-2F or equivalent
on 5-3-2023;
Repor t (s) of property damage involving the tnotorcycle operated by PO David Arroyo
(B)
on 5-3-2023 ;
Î*A o o 0
3epared Tarrytom concedng e accMee invo½g M
STREETADDRESS:
REEATINGTO
SECTION BLOCK LOT
FEE: $
O 1 desire to view the documents requested during normal business hours.
lawful reproduction costs plus applicable postage'
I amrequesting copies of the records, and, hereby, agree to pay the DATEPAID
[Twentydive cents/page for photocopies. Five donars ($5) per CD/DVD electronic copies.
for Request for specialized
documents (blueprints. maps, etc.) will be charged at the Village s cost lo reproduce. In cases requiring
specialized
can äIso be assessed 31 the hourly reta of the lowest paid employee | |
computer services to produce records, applicant
capable of reproducing the records,]
you in acknowledgement of your request, as required by the Public
A dated copy of this form will be e-mailed, fax or mailed to
Officer's La•that a municipality respond to this original request within five (5) business days.
FORVILLAGEOFPORTC@iESTERUSEONEY
Forwarded to department [E the appropriate box(s)]; Sent by department to Clerk Office {B the appropriate box(s)]:
- Building &
Code Enforcement D - Pudic Works - Building & Code Enforcement O
- Public Works
- Planning Zoning & Development D - Fire Department - Planning Zoning & Development O
- Fire Department
O sor O - Police Department O- Village Clerk / BOT D - Police Department
-vinage clerk /
O - Senior Community Center O - Finance O- Senior CommunityCenter
- Finance
O - Recreation Department O - Law O- Recreation Department
-
O - Manager
Law
Other -
Building & Code Enforcement O- Public Works
Rpceived by JR VS SD OTHER: . ... .. Sent by:
V202405-06
FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024
Craig Post
From: Summa, Sara
Sent: Friday, March 29, 2024 10:10 AM
To: Craig Post
Subject: Village of Port Chester FOlL Request #2024-148
Attachments: FOIL #2024-148.pdf
Good Morning,
The Village of Port Chester has received your request for documents (FOIL Request # 2024-148)
pursuant to Public Officers Law Article 6.
Please be advised that we are reviewing our records to determine whether this agency has records that
may be responsive to your request.
If the requested items are records maintained by this agency, I will inform you whether they are available,
in whole or in part, for disclosure under the law.
For paper records, a photocopying charge of $0.25 per page. You will be advised of the total
there is
number of pages and, upon receiving your payment, the material may be picked up or will be mailed to
your address. If this information is available electronically, every effort will be made to make it available to
you in a similar format. If preparation of a record requires more than two hours of an employee's time, you
will be informed of the estimated cost of preparing such record.
Your request will require additional time. Weanticipate a response on or before Friday, April 26, 2024.
Thank you,
Sara Summa
Office Assistant
Village Clerk's Office
T: (914)939 5202
E: SSumma@PortChesterNY.gov
222 Grace Church ST. I Port Chester, NY 10573
This message was secured by ZixCorp©. This message is intended only for the use of the person or entity to
whomit addressed and may contain information
is that is privileged, confidential, and exempt from disclosure
under applicable law. This domain uses an encryption portal for any information sent that is considered to be
sensitive and will be transmitted via the Village's Encryption Portal. If the reader of this message is not the
intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you
are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
If you have received this communication in error, please notify the sender immediately by return e-mail. This
message and any attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C SS 2510-
2521. This is a Government only e-mail. Please do not send any personal e-mails. The Village of Port Chester,
NY Department of Information and Technology Services archives all e-mails and their contents pursuant to the
1
FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024
NewYork MU-1 Records
State Retention Schedule. PLEASEREMEMBER
THEENVIRONMENT
BEFORE
PRINTING THIS EMAIL.
2
FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024
Craig Post
From: Summa, Sara
Sent: Monday, April 22, 2024 1:05 PM
To: Craig Post
Subject: Village of Port Chester FOlL Request #2024-148
Attachments: FOIL #2024-148.pdf
Good Afternoon,
The Village of Port Chester has received your request for documents (FOIL Request #2024-148) in which you
request,
REQUEST REPLY
Line of duty injury report or equivalent for Per the Chief, these records are covered
1 David Arroyo, Village police officer for date by HIPPA and cannot be disclosed
of accident, 5-3-2023
Per the Chief,these records are covered
NYSWorkers Comp Form C-2F or
2 equivalent for accident PODavid by HIPPA and cannot be disclosed
involving
Arroyo on 5-3-2023
There are no records responsive to your
Report(s) of property damage involving the
3 motorcycle operated by PODavid Arroyo on request.
5-3-2023
Copies of any reports prepared by Tarrytown
There are no records responsive to your
4 PD concerning the accident involving David
request.
Arroyo on 5-3-2023
If you wish to appeal this determination, you must take an appeal in writing to Stuart L. Rabin, Village
Manager/Appeals Officer within thirty (30) days of same.
Thank you,
Sara Summa
. Office Assistant
Village Clerk's Office
-. T: (914) 939 5202
E:SSumma@PortChesterNY.gov
222 Grace Church ST. | Port Chester, NY 10573
This message was secured by ZixCorp©. This message is intended only for the use of the person or entity to
whomit is addressed and may contain information that is privileged, confidential, and exempt from disclosure
under applicable law. This domain uses an encryption portal for any information sent that is considered to be
sensitive and will be transmitted via the Village's Encryption Portal. If the reader of this message is not the
1
FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024
intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you
are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
If you have received this communication in error, please notify the sender immediately by return e-mail. This
message and any attachments are covered by the Electronic Communications 18 U.S.C SS 2510-
Privacy Act,
2521. This is a Government only e-mail. Please do not send any personal e-mails. The Village of Port Chester,
NYDepartment of Information and Technology Services archives all e-mails and their contents pursuant to the
NewYork MU-1 Records
State Retention Schedule. THEENVIRONMENT
PLEASEREMEMBER BEFORE
PRINTING THIS EMAIL.
2
FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024
P
NYSCEF DOC. NO. 10 AT” RECEIVED NYSCEF: 05/31/2024
I
THE POSTLAWFIRM
PLL C
April 29, 2024
Villageof Port Chester Police Dept.
350 N Main Street
Port Chester, NY 10573
Attn: Christopher Rosabella, Chief of Police
Re: My Client: Joseph Defonce
Date of Loss: 5-3-23
Dear Honorable Sir:
Please be advised that represent Joseph Defonce who was involved in a
I
motorcycle accident with Officer David Arroyo on the above date. A copy of my FOIL
request dated 3-16-24 and your response of 4-22-24 are annexed hereto. Please note
that I am not interested in the nature or type of injuries sustained by Officer Arroyo, only
that the reports/forms themselves were filed. Therefore, I respectfully request that you
re-consider the Town's response and provide redacted copies omitting any information
that states or refers to the nature or extent of any injuries suffered by your Officer. Your
prompt response is appreciated.
Should you have any questions concerning the foregoing, do not hesitate to
contact the undersigned.
Very rul yours,
T E PpST LA I , LLC
raig A ost
CAP:cp
Enc.
4 Executive Boulevard, Suite 204 Suffern, NY 10901 | P: 845-547-2522 | F: 845-215-0276 | cpost@thepostfirm.com
FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024
FOIL A
VILLAGEOF PORTCHESTER 2 b2
Village Clerk oure
222 Grace Church Street, Port Chester, NY 10573 RECEIVED
E-maik Clerk@PortChesterNYaov
Phone (914) 939-5202 " Far(914) 305-2560
a www.PortChesterNY.cov
OFINFORMATIONLAW
FREEDOM
(FOlQ REQUESTFORM VIUAGEOFPORTCBEST
YouRNAME
(FIRST 14 LAST)
Craig A. Post SUITE*APT. TELEPHONE
Ï4OME
ADDRESS
204 845-547-2522
4 Executive Blvd.
STATE ZIP CODE TELEPHONEMOBILE
crry
NY 10901 845-547-2522
Suffern TELEPHONEWORK
COMPANY NAMEr
/ BUSINES$
PLLC 845-547-2522
The Post Law Firm, FAX
E-MAIL
epost%thepostfirm3com 845-215-0276
DATEOFAPPLICATION
SIGNATURE0 CANT
3-16-24
DESCRIPT(OffO . EC R5{8
report or equivalent for David Arroyo , Village police officer
(1) . Line of duty injury
for date of accident, 5-3-2023 ;
for accident PO David Arroyo
(2) . NYS Worker s Comp Form C-2F or equivalent
' involvirtg
on 5-3-2023;
Report (s) of property damage involving the motorcycle operated by PO David Arroyo
(3) .
on 5-3-2023;
3epared by Tarrytown PD concerning the accident involving
a A o o a®ÉS3 0
RELATINGTOSTREET
ADDRESS
SECTION BLOCK LOT
FEE: $
I desire to view the documents requested during normal business hours.
lawful reproduction costs plus applicable postage'
I amrequesting copies ofthe records, and, hereby, agree to pay the DATEPAtD
[Twenty4ivo cards/page for photocopies. Five dollars ($5) per CD/DVD electronic copies
for Request for specialized
cases requiring specialized
documents (blueprints, maps, etc.) will be charged at the Village's cost to reproduce. In
of the lowest paid employee
computer services to produce records, applicant can also be assessed at the hourly rate
capable of reproducing the records.]
you in acknowledgernent of your request, as required by the Public
A dated copy of this form will be e-mailed, fax or mailed to
Officer's Lawthat a municipality respond to this original request within five (5) business days.
CHESTERUSEONLY
FORVILLAGEOFPORT
Forwarded to department [121the appropriate box(s)]; Sent by department to Clerk office [E the appropriate box(s)]:
O - Building & Code Enforcement O - Public Works O -
Building & Code Enforcement
O- Public Works
¤ - Planning Zoning & Development ¤ - Fire Department O - Planning Zoning & Development O- Fire Department
O BOT O - Police Department O- Village Clerk / BOT O- Police Department
- Village clerk /
O-- Senior Cornmunity Center O- Finance O- Senior CommunityCenter
- Finance
O Recreation Department O - Law ¤ - Recreation Department
-
-
Law
Manager Other: O - Building & Code Enforcement O- Public Works
Received by: JR GVS GSD OTHER: Sent by:
V202b05-06
FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024
Craig Post
From: Summa, Sara
Sent: Monday, April 22, 2024 1:05 PM
To: Craig Post
Subject: Village of Port Chester FOlL Request #2024-148
Attachments: FOIL #2024-148.pdf
Good Afternoon,
The Village of Port Chester has received your request for documents (FOIL Request #2024-148) in which you
request,
REQUEST REPLY
Line of duty injury report or equivalent for Per the these records are covered
Chief,
1 David Arroyo, Village police officer for date by HIPPA and cannot be disclosed
of accident, 5-3-2023
Per the these records are covered
Chief,
NYSWorkers Comp Form C-2F or
PODavid by HIPPA and cannot be disclosed
2 equivalent for accident involving
Arroyo on 5-3-2023
There are no records responsive to your
Report(s) of property damage involving the
request.
3 motorcycle operated by PODavid Arroyo on
5-3-2023
Copies of any reports prepared by Tarrytown your
There are no records responsive to
4 PD concerning the accident involving David
request.
Arroyo on 5-3-2023
If you wish to appeal this determination, you must take an appeal in writing to Stuart L. Rabin, Village
Manager/Appeals Officer within thirty (30) days of same.
Thank you,
Sara Summa
Office Assistant
Village Clerk's Office
T: (914) 939 5202
E: SSumma@PortChesterNY.gov
222 Grace Church ST. | Port Chester, NY 10573
This message was secured by ZixCorp©. This message is intended only for the use of the person or entity to
whomit is addressed and may contain information that is privileged, confidential, and exempt from disclosure
under applicable law. This domain uses an encryption portal for any information sent that is considered to be
sensitive and will be transmitted via the Village's Encryption Portal. If the reader of this message is not the
1
FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024
Craig Post
From: Summa, Sara
Sent: Tuesday, April 30, 2024 12:14 PM
To: Craig Post
Subject: Village of Port Chester FOlL Request #2024-148
Attachments: 20240430111352463.pdf
Good Afternoon,
The Chief has received your correspondence via Fax (attached). Please note that the FOlL Response remains
the same.
you wish to appeal this determination,
If you must take an appeal in writing to Stuart L Rabin, Village
Manager/Appeals Officer, within thirty (30) days of same.
Thank you,
Sara Summa
Office Assistant
Village Clerk's Office
T: (914)939 5202
E: SSumma@PortChesterNY.gov
222 Grace Church ST. | Port Chester, NY 10573
This message was secured by ZixCorp©. This message is intended only for the use of the person or entity to
whomit is addressed and may contain information that is privileged, confidential, and exempt from disclosure
under applicable law. This domain uses an encryption portal for any information sent that is considered to be
sensitive and will be transmitted via the Village's Encryption Portal. If the reader of this message is not the
intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you
are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited.
If you have received this communication in error, please notify the sender immediately by return e-mail. This
message and any attachments covered Electronic Communications 18 U.S.C SS 2510-
are by the Privacy Act,
2521. This is a Government only e-mail. Please do not send any personal e-mails. The Village of Port Chester,
NYDepartment of Information and Technology Services archives all e-mails and their contents pursuant to the
NewYork State MU-1 Records Retention Schedule. PLEASEREMEMBER THEENVIRONMENT BEFORE
PRINTING THIS EMAIL.
1
FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024
NYSCEF DOC. NO. 10
T P RECEIVED NYSCEF: 05/31/2024
L F
THE POSTLAWFIRM
PL LC
May 4, 2024
Village of Port Chester
222 Grace Church Street
Port Chester, NY 10573
Attn: Stuart L. Rabin, Village Manager/Appeals Officer
Re: My Client: Joseph Defonce
Date of Loss: 5-3-23
Dear Mr. Rabin:
Please accept this letter as my appeal from the decision of the Village of Port
Chester Police Department denying certain records concerning a motorcycle accident
involving one of your officers on the above-noted date. A copy of my original FOlL
request dated 3-16-24 is attached as well as the Village's Response of 4-22-24.
Additionally, attached isChief Rosabella dated 4-29-24
my letter to clarifying my
request and along with another emailed denial from 4-30-24.
As you can see, my office not looking to ascertain the nature of any injuries
is
sustained by Officer Arroyo in the subject accident, only that the accident was reported
to the Village. In other words, the substance of the reports from an injury standpoint is
not significant, only that such reports were, in fact made. Any redaction containing
identifiers that would raise concerns under HIPAA can be redacted. I would urge you to
look at Getting the Word Out v. NYS OIvmpic Regional Development Authority, 73
Misc.3d 670 (Sup. Ct., 2021), as case analogous to the instant matter in which the
Supreme Court, Essex County ordered production of the FOlL requested documents
subject to redaction so as not to raise any HIPAA concerns. The same could readily
and easily be done in the instant matter. Furthermore, it is the undersigned's position
that furnishing the redacted reports would not violate the applicable provisions of the
Public Officers Law where, as in Getting the Word Out, supra, "disclosure shall not be
construed to constitute an unwarranted invasion of personal privacy
Preview
FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024 FOlL & VILLAGE OF PORTCHESTER Village Clerk DATa 222 Grace ChurchStreet, Portchester,NY10573 RECEIVED E-maihClerk@PortChesterNYaav Phone (914)939-5202 e Fax (914)305-2560 wwwPortChesterNY4ov MAR 1 2 20 4 OF INFORMATIONLAW FREEDOM VILLAGE CLERK3 OFFT (FOll)REQUESTFORM VILLAGE OFPORTCHESTER OURNAME (FIRSTÄL LAST) Craig A. Post TELEPHONEHOMíE SUITE APT. A DRESS Suite 204 845-547-2522 4 Executive Blvd., . ..... .. STATE ZIP CODE TELEPHONEMOBII E Suffern NY 10901 845-547-2522 TELEPHONEWORK OMPANY NAME / BUSINESS PLLC 845-547-2522 The Post Law Firm, FAX suAu. epost thepostfir co 845-215-0276 DATE0F APPLICATION St NATURE PA.ICANT ,. . . DESCRIPtlBN OPRE . Complete accident/incident reports concerning the motorcycle accident involving P.O. David Arroyo and P.0. Joseph Defence on 5-3-23 prepared in the regular course of business of the Village of Port Chester Police Department and any other department of the Village of Port Chester. Further, please provide all photos taken by the Village of Port Chester Police Dept.3 any other department of the Village of Port Chester or any other municipal agency that depicts the subject accident. . ... . RElûTIN ADDRESS: TOSTREET SECTION BLOCK LOT,___ O I desire to view the documents requested during normal business hours. FEE:$ 2 Iamrequesling copiesoHherecords, {T…enty-nve cents/page for photocopies. and,hetaby, agree topsythelawfulreproduction Five dcMars ($5) per CD/DVDfor electronic costs plus applicable postage. copies. Request for specialized DATEPAID docurnants (blueprints, maps, etc.) will be charged at the Village's cost to reproduce. In cases requiñng specialized cornputer services to produce records, applicant can also be assessed at the hourly rate of the lowest paid employee capable of reproducing the records.] thisformwilibee-mailed,faxormalledtoyouinacknowledgementofyourrequest,as requiredbythePublic A dated copy of Officer's Law that a municipality respond to thisoriginalrequestwithinfive(5)businessdays. . . ... .. .......... FORVILLAGEOFPORTCttESTER USEONLY Forwarded to department[S the appropriate box(s)]: Sent by department to Clerk Office [M the appropriate box(s)]: - Building & Code Enforcement O Works - Public O - Building & Code Enforcement O - Public Works - Planning Zoning & Development O - Fire Department - Planning Zoning & Development ¤ - Fire Departrnent O - Village Clerk / BOT fi - Police Department O - Village Clerk / BOT O - Police Department - Finance O - Senior Cornmunity Center O - Finance O - Senior CommunityCenter - Law O - Recreation Departrnent O - Law O - Recreation Department - Manager Other: O - Building & Code Enforcement O - Public Works Received by: JR VS SD OTHER: Sent by: V2021-05-06 FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024 Craig Post From: Summa, Sara Sent: Tuesday, March 12, 2024 2:41 PM To: Craig Post Subject: Village of Port Chester FOIL Request #2024-140 Attachments: FOlL REQUEST2024-140.pdf Good Afternoon, Your request for records pursuant to the Freedom of Information Law (FOlL) has been received in the Village Clerk's Office. The Police Department states that there are no records responsive to your request. you wish to appeal this determination, If you must take an appeal in writing to Stuart L. Rabin, Village Manager/Appeals Officer within thirty (30) days of same. Thank you, Sara Summa Office Assistant Village Clerk's Office T: (914)939 5202 SSumma(âtPortChesterNY.gov E: 222 Grace Church ST. | Port Chester, NY 10573 This message was secured by ZixCorp©. This message is intended only for the use of the person or entity to whomit is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. This domain uses an encryption portal for any information sent that is considered to be sensitive and will be transmitted via the Village's Encryption Portal. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, or copying of distribution this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by return e-mail. This message and any attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C SS 2510- 2521. This is a Government only e-mail. Please do not send any personal e-mails. The Village of Port Chester, NYDepartment of Information and Technology Services archives all e-mails and their contents pursuant to the NewYork State MU-1 Records Retention Schedule. PLEASEREMEMBER THEENVIRONMENT BEFORE PRINTING THIS EMAIL. 1 FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024 VILLAGEOF PORTCHESTER M3 2 [ Village Clerk o Te 222 Grace Church Street, Port Chester, NY 10573 E-maik Clerk@PortChesterNY.cov Phone (014) 939-5202 * Fax (914) 305-2560 www.PortChesterNY.qov OFINFORMATIONLAW FREEDOM VIuAGECi£RKS OFFICE (FOll) REQUESTFORM OFPORTCHESTER. VILLA È YOURNAME (FIRSTMAAST) Craig A. Post SUITEÏAPT.. TELEPHONEHOME ADDRESS Blvd. 204 845-547-2522 4 Executive TELEPHONE.MOBILE STATE ZIP CODE CITY NY 10901 845-547-2522 Suf fern TELEPHONEWORK COMPANY /BUSINESSNAME PLLC 845-547-2522 The Post Law Firm, FAX ErMAIL epost@thepostfirmycom 845-215-0276 DATEOFAPPLICATION O SIGNATURE 1CANT . 3-16-24 DESCRIPT(DNOFRE RI5 report or equivalent for David Arroyo , Village police of ficer (1) . Line of duty injury for date of accident, 5-3-2023 ; for accident involving PO David Arroyo (2) . NYS Worker ' s Comp Farm C-2F or equivalent on 5-3-2023; Repor t (s) of property damage involving the tnotorcycle operated by PO David Arroyo (B) on 5-3-2023 ; Î*A o o 0 3epared Tarrytom concedng e accMee invo½g M STREETADDRESS: REEATINGTO SECTION BLOCK LOT FEE: $ O 1 desire to view the documents requested during normal business hours. lawful reproduction costs plus applicable postage' I amrequesting copies of the records, and, hereby, agree to pay the DATEPAID [Twentydive cents/page for photocopies. Five donars ($5) per CD/DVD electronic copies. for Request for specialized documents (blueprints. maps, etc.) will be charged at the Village s cost lo reproduce. In cases requiring specialized can äIso be assessed 31 the hourly reta of the lowest paid employee | | computer services to produce records, applicant capable of reproducing the records,] you in acknowledgement of your request, as required by the Public A dated copy of this form will be e-mailed, fax or mailed to Officer's La•that a municipality respond to this original request within five (5) business days. FORVILLAGEOFPORTC@iESTERUSEONEY Forwarded to department [E the appropriate box(s)]; Sent by department to Clerk Office {B the appropriate box(s)]: - Building & Code Enforcement D - Pudic Works - Building & Code Enforcement O - Public Works - Planning Zoning & Development D - Fire Department - Planning Zoning & Development O - Fire Department O sor O - Police Department O- Village Clerk / BOT D - Police Department -vinage clerk / O - Senior Community Center O - Finance O- Senior CommunityCenter - Finance O - Recreation Department O - Law O- Recreation Department - O - Manager Law Other - Building & Code Enforcement O- Public Works Rpceived by JR VS SD OTHER: . ... .. Sent by: V202405-06 FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024 Craig Post From: Summa, Sara Sent: Friday, March 29, 2024 10:10 AM To: Craig Post Subject: Village of Port Chester FOlL Request #2024-148 Attachments: FOIL #2024-148.pdf Good Morning, The Village of Port Chester has received your request for documents (FOIL Request # 2024-148) pursuant to Public Officers Law Article 6. Please be advised that we are reviewing our records to determine whether this agency has records that may be responsive to your request. If the requested items are records maintained by this agency, I will inform you whether they are available, in whole or in part, for disclosure under the law. For paper records, a photocopying charge of $0.25 per page. You will be advised of the total there is number of pages and, upon receiving your payment, the material may be picked up or will be mailed to your address. If this information is available electronically, every effort will be made to make it available to you in a similar format. If preparation of a record requires more than two hours of an employee's time, you will be informed of the estimated cost of preparing such record. Your request will require additional time. Weanticipate a response on or before Friday, April 26, 2024. Thank you, Sara Summa Office Assistant Village Clerk's Office T: (914)939 5202 E: SSumma@PortChesterNY.gov 222 Grace Church ST. I Port Chester, NY 10573 This message was secured by ZixCorp©. This message is intended only for the use of the person or entity to whomit addressed and may contain information is that is privileged, confidential, and exempt from disclosure under applicable law. This domain uses an encryption portal for any information sent that is considered to be sensitive and will be transmitted via the Village's Encryption Portal. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by return e-mail. This message and any attachments are covered by the Electronic Communications Privacy Act, 18 U.S.C SS 2510- 2521. This is a Government only e-mail. Please do not send any personal e-mails. The Village of Port Chester, NY Department of Information and Technology Services archives all e-mails and their contents pursuant to the 1 FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024 NewYork MU-1 Records State Retention Schedule. PLEASEREMEMBER THEENVIRONMENT BEFORE PRINTING THIS EMAIL. 2 FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024 Craig Post From: Summa, Sara Sent: Monday, April 22, 2024 1:05 PM To: Craig Post Subject: Village of Port Chester FOlL Request #2024-148 Attachments: FOIL #2024-148.pdf Good Afternoon, The Village of Port Chester has received your request for documents (FOIL Request #2024-148) in which you request, REQUEST REPLY Line of duty injury report or equivalent for Per the Chief, these records are covered 1 David Arroyo, Village police officer for date by HIPPA and cannot be disclosed of accident, 5-3-2023 Per the Chief,these records are covered NYSWorkers Comp Form C-2F or 2 equivalent for accident PODavid by HIPPA and cannot be disclosed involving Arroyo on 5-3-2023 There are no records responsive to your Report(s) of property damage involving the 3 motorcycle operated by PODavid Arroyo on request. 5-3-2023 Copies of any reports prepared by Tarrytown There are no records responsive to your 4 PD concerning the accident involving David request. Arroyo on 5-3-2023 If you wish to appeal this determination, you must take an appeal in writing to Stuart L. Rabin, Village Manager/Appeals Officer within thirty (30) days of same. Thank you, Sara Summa . Office Assistant Village Clerk's Office -. T: (914) 939 5202 E:SSumma@PortChesterNY.gov 222 Grace Church ST. | Port Chester, NY 10573 This message was secured by ZixCorp©. This message is intended only for the use of the person or entity to whomit is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. This domain uses an encryption portal for any information sent that is considered to be sensitive and will be transmitted via the Village's Encryption Portal. If the reader of this message is not the 1 FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024 intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by return e-mail. This message and any attachments are covered by the Electronic Communications 18 U.S.C SS 2510- Privacy Act, 2521. This is a Government only e-mail. Please do not send any personal e-mails. The Village of Port Chester, NYDepartment of Information and Technology Services archives all e-mails and their contents pursuant to the NewYork MU-1 Records State Retention Schedule. THEENVIRONMENT PLEASEREMEMBER BEFORE PRINTING THIS EMAIL. 2 FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024 P NYSCEF DOC. NO. 10 AT” RECEIVED NYSCEF: 05/31/2024 I THE POSTLAWFIRM PLL C April 29, 2024 Villageof Port Chester Police Dept. 350 N Main Street Port Chester, NY 10573 Attn: Christopher Rosabella, Chief of Police Re: My Client: Joseph Defonce Date of Loss: 5-3-23 Dear Honorable Sir: Please be advised that represent Joseph Defonce who was involved in a I motorcycle accident with Officer David Arroyo on the above date. A copy of my FOIL request dated 3-16-24 and your response of 4-22-24 are annexed hereto. Please note that I am not interested in the nature or type of injuries sustained by Officer Arroyo, only that the reports/forms themselves were filed. Therefore, I respectfully request that you re-consider the Town's response and provide redacted copies omitting any information that states or refers to the nature or extent of any injuries suffered by your Officer. Your prompt response is appreciated. Should you have any questions concerning the foregoing, do not hesitate to contact the undersigned. Very rul yours, T E PpST LA I , LLC raig A ost CAP:cp Enc. 4 Executive Boulevard, Suite 204 Suffern, NY 10901 | P: 845-547-2522 | F: 845-215-0276 | cpost@thepostfirm.com FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024 FOIL A VILLAGEOF PORTCHESTER 2 b2 Village Clerk oure 222 Grace Church Street, Port Chester, NY 10573 RECEIVED E-maik Clerk@PortChesterNYaov Phone (914) 939-5202 " Far(914) 305-2560 a www.PortChesterNY.cov OFINFORMATIONLAW FREEDOM (FOlQ REQUESTFORM VIUAGEOFPORTCBEST YouRNAME (FIRST 14 LAST) Craig A. Post SUITE*APT. TELEPHONE Ï4OME ADDRESS 204 845-547-2522 4 Executive Blvd. STATE ZIP CODE TELEPHONEMOBILE crry NY 10901 845-547-2522 Suffern TELEPHONEWORK COMPANY NAMEr / BUSINES$ PLLC 845-547-2522 The Post Law Firm, FAX E-MAIL epost%thepostfirm3com 845-215-0276 DATEOFAPPLICATION SIGNATURE0 CANT 3-16-24 DESCRIPT(OffO . EC R5{8 report or equivalent for David Arroyo , Village police officer (1) . Line of duty injury for date of accident, 5-3-2023 ; for accident PO David Arroyo (2) . NYS Worker s Comp Form C-2F or equivalent ' involvirtg on 5-3-2023; Report (s) of property damage involving the motorcycle operated by PO David Arroyo (3) . on 5-3-2023; 3epared by Tarrytown PD concerning the accident involving a A o o a®ÉS3 0 RELATINGTOSTREET ADDRESS SECTION BLOCK LOT FEE: $ I desire to view the documents requested during normal business hours. lawful reproduction costs plus applicable postage' I amrequesting copies ofthe records, and, hereby, agree to pay the DATEPAtD [Twenty4ivo cards/page for photocopies. Five dollars ($5) per CD/DVD electronic copies for Request for specialized cases requiring specialized documents (blueprints, maps, etc.) will be charged at the Village's cost to reproduce. In of the lowest paid employee computer services to produce records, applicant can also be assessed at the hourly rate capable of reproducing the records.] you in acknowledgernent of your request, as required by the Public A dated copy of this form will be e-mailed, fax or mailed to Officer's Lawthat a municipality respond to this original request within five (5) business days. CHESTERUSEONLY FORVILLAGEOFPORT Forwarded to department [121the appropriate box(s)]; Sent by department to Clerk office [E the appropriate box(s)]: O - Building & Code Enforcement O - Public Works O - Building & Code Enforcement O- Public Works ¤ - Planning Zoning & Development ¤ - Fire Department O - Planning Zoning & Development O- Fire Department O BOT O - Police Department O- Village Clerk / BOT O- Police Department - Village clerk / O-- Senior Cornmunity Center O- Finance O- Senior CommunityCenter - Finance O Recreation Department O - Law ¤ - Recreation Department - - Law Manager Other: O - Building & Code Enforcement O- Public Works Received by: JR GVS GSD OTHER: Sent by: V202b05-06 FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024 Craig Post From: Summa, Sara Sent: Monday, April 22, 2024 1:05 PM To: Craig Post Subject: Village of Port Chester FOlL Request #2024-148 Attachments: FOIL #2024-148.pdf Good Afternoon, The Village of Port Chester has received your request for documents (FOIL Request #2024-148) in which you request, REQUEST REPLY Line of duty injury report or equivalent for Per the these records are covered Chief, 1 David Arroyo, Village police officer for date by HIPPA and cannot be disclosed of accident, 5-3-2023 Per the these records are covered Chief, NYSWorkers Comp Form C-2F or PODavid by HIPPA and cannot be disclosed 2 equivalent for accident involving Arroyo on 5-3-2023 There are no records responsive to your Report(s) of property damage involving the request. 3 motorcycle operated by PODavid Arroyo on 5-3-2023 Copies of any reports prepared by Tarrytown your There are no records responsive to 4 PD concerning the accident involving David request. Arroyo on 5-3-2023 If you wish to appeal this determination, you must take an appeal in writing to Stuart L. Rabin, Village Manager/Appeals Officer within thirty (30) days of same. Thank you, Sara Summa Office Assistant Village Clerk's Office T: (914) 939 5202 E: SSumma@PortChesterNY.gov 222 Grace Church ST. | Port Chester, NY 10573 This message was secured by ZixCorp©. This message is intended only for the use of the person or entity to whomit is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. This domain uses an encryption portal for any information sent that is considered to be sensitive and will be transmitted via the Village's Encryption Portal. If the reader of this message is not the 1 FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 05/31/2024 Craig Post From: Summa, Sara Sent: Tuesday, April 30, 2024 12:14 PM To: Craig Post Subject: Village of Port Chester FOlL Request #2024-148 Attachments: 20240430111352463.pdf Good Afternoon, The Chief has received your correspondence via Fax (attached). Please note that the FOlL Response remains the same. you wish to appeal this determination, If you must take an appeal in writing to Stuart L Rabin, Village Manager/Appeals Officer, within thirty (30) days of same. Thank you, Sara Summa Office Assistant Village Clerk's Office T: (914)939 5202 E: SSumma@PortChesterNY.gov 222 Grace Church ST. | Port Chester, NY 10573 This message was secured by ZixCorp©. This message is intended only for the use of the person or entity to whomit is addressed and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. This domain uses an encryption portal for any information sent that is considered to be sensitive and will be transmitted via the Village's Encryption Portal. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately by return e-mail. This message and any attachments covered Electronic Communications 18 U.S.C SS 2510- are by the Privacy Act, 2521. This is a Government only e-mail. Please do not send any personal e-mails. The Village of Port Chester, NYDepartment of Information and Technology Services archives all e-mails and their contents pursuant to the NewYork State MU-1 Records Retention Schedule. PLEASEREMEMBER THEENVIRONMENT BEFORE PRINTING THIS EMAIL. 1 FILED: WESTCHESTER COUNTY CLERK 05/31/2024 03:32 PM INDEX NO. 63311/2024 NYSCEF DOC. NO. 10 T P RECEIVED NYSCEF: 05/31/2024 L F THE POSTLAWFIRM PL LC May 4, 2024 Village of Port Chester 222 Grace Church Street Port Chester, NY 10573 Attn: Stuart L. Rabin, Village Manager/Appeals Officer Re: My Client: Joseph Defonce Date of Loss: 5-3-23 Dear Mr. Rabin: Please accept this letter as my appeal from the decision of the Village of Port Chester Police Department denying certain records concerning a motorcycle accident involving one of your officers on the above-noted date. A copy of my original FOlL request dated 3-16-24 is attached as well as the Village's Response of 4-22-24. Additionally, attached isChief Rosabella dated 4-29-24 my letter to clarifying my request and along with another emailed denial from 4-30-24. As you can see, my office not looking to ascertain the nature of any injuries is sustained by Officer Arroyo in the subject accident, only that the accident was reported to the Village. In other words, the substance of the reports from an injury standpoint is not significant, only that such reports were, in fact made. Any redaction containing identifiers that would raise concerns under HIPAA can be redacted. I would urge you to look at Getting the Word Out v. NYS OIvmpic Regional Development Authority, 73 Misc.3d 670 (Sup. Ct., 2021), as case analogous to the instant matter in which the Supreme Court, Essex County ordered production of the FOlL requested documents subject to redaction so as not to raise any HIPAA concerns. The same could readily and easily be done in the instant matter. Furthermore, it is the undersigned's position that furnishing the redacted reports would not violate the applicable provisions of the Public Officers Law where, as in Getting the Word Out, supra, "disclosure shall not be construed to constitute an unwarranted invasion of personal privacy