Preview
FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024
EXHIBIT 10
FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024
Writer’s Contact Information
Phone: (304) 526-8133
OHNS
Fax: (304) 933-8738
E-mail Address:
ancil.ramey@steptoe-johnson.com
ONJ PLLC
ATT ORNEYS AT L AW
December 2, 2021
BY EMAIL
Anthony Zappin
28 Big Oak Place
Pawley’s Island, SC 29585
anthony.zappin@gmail.com
Re: FOIA Request – Office of Lawyer Disciplinary Counsel
Dear Mr. Zappin:
This is in response to your FOIA request received by the ODC on November 29, 2021.
I will address each of your requests individually.
1. All records of communications exchanged between any individual associated with or
employed by the West Virginia Office of Disciplinary Counsel and any entity, individual or third-
party not associated with the West Virginia Office of Disciplinary Counsel concerning or relating
to Anthony Zappin.
The ODC is a prosecutorial agency and entitled to the protections of the attorney/client and work
product privileges. West Virginia’s FOIA statute incorporates those protections.1
Communications with third-parties relative to your disciplinary proceedings may not implicate the
attorney/client privilege, but they do implicate the fact and opinion work product doctrines. For
this reason, “a prosecutor's entire work product is privileged from disclosure under the FOIA.”2
Additionally, the West Virginia Freedom of Information Act expressly exempts, “Information
specifically exempted from disclosure by statute,”3 and Rule 2.6 of the Rules of Lawyer
1
See Highland Min. Co. v. W. Virginia Univ. Sch. of Med., 235 W. Va. 370, 774 S.E.2d 36 (2015).
2
Messenger v. Ingham Cty. Prosecutor, 232 Mich. App. 633, 641, 591 N.W.2d 393, 397 (1998); see also
Freedom of Information Act Exemption (5 U.S.C.A. § 552(b)(5)) for Inter-agency and Intra-agency
Memorandums or Letters as Applicable to Communications to or from Attorneys for the Government, 54
A.L.R. Fed. 280 (Originally published in 1981) (“Government attorneys, including prosecuting attorneys,
are protected under Freedom of Information Act (FOIA) exemption for documents that are normally
privileged in the civil discovery context, including documents subject to the attorney-client and attorney
work-product privileges.”).
3
W. Va. Code § 29B-1-4(5).
Colorado • Kentucky • Ohio • Pennsylvania • Texas • West Virginia TERRA
FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024
Anthony Zappin
FOIA Request -- ODC
December 2, 2021
Page 2
Disciplinary Procedure, a statutory equivalent, states: “The details of complaints filed with or
investigations conducted by the Office of Disciplinary Counsel shall be confidential ….”
(emphasis supplied).4 Accordingly, any records communications between any individual
associated with or employed by the ODC and any entity, individual or third-party related to the
investigation the ODC conducted of you are exempt under W. Va. Code §§ 29B-1-4(4), (5), and
(8) as interpreted and applied by the Supreme Court of Appeals of West Virginia.
2. All records of phone communications between any individual associated with or employed
by the West Virginia Office of Disciplinary Counsel and any entity, individual or third party not
associated with the West Virginia Office of Disciplinary Counsel concerning or relating to
Anthony Zappin.
The same analysis applies to this request.
3. All records of communications exchanged between Chief Disciplinary Counsel Rachael
Fletcher Cipoletti and/or her assistant Betsy Casto with any entity, individual or third party not
associated with the West Virginia Office of Disciplinary Counsel concerning or relating to
Anthony Zappin, the WVReciprocal Disciplinary Action, the DCReciprocal Disciplinary Action,
the NYCollateral Estoppel Disciplinary Action, the Zappin v. Comfort Matrimonial Action and/or
the Doyle Harassment Action.
The same analysis applies to this request.
4
See also Smith v. Tarr, No. 13-1230, 2015 WL 148680 (W. Va. Jan. 12, 2015) (rule of Judicial
Disciplinary Procedure exempting judicial ethics complaints filed with the West Virginia Judicial
Investigation Commission from disclosure under Freedom of Information Act did not violate state
constitutional open courts clause); S.C. Laws. Wkly. By & through Dolan Publ'g Co. v. Wilson, 423 S.C. 144,
813 S.E.2d 527 (Ct. App. 2018) (disciplinary complaints against attorney who worked as a solicitor for the
State were not “public documents” subject to disclosure under the state Freedom of Information Act).
FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024
Anthony Zappin
FOIA Request -- ODC
December 2, 2021
Page 3
4. All records of phone communications between Chief Disciplinary Counsel Rachael
Fletcher Cipoletti and/or her assistant Betsy Casto with any entity, individual or third party not
associated with the West Virginia Office of Disciplinary Counsel concerning or relating to
Anthony Zappin, the WVReciprocal Disciplinary Action, the DCReciprocal Disciplinary Action,
the NYCollateral Estoppel Disciplinary Action, the Zappin v. Comfort Matrimonial Action and/or
the Doyle Harassment Action.
The same analysis applies to this request.
5. All records of communications exchanged between Chief Disciplinary Counsel Rachael
Fletcher Cipoletti and/or her assistant Betsy Casto with Ancil Ramey of Steptoe & Johnson PLLC
(email: Ancil.Ramey@steptoe-johnson.com) prior to February 17, 2021 concerning or pertaining
to Anthony Zappin, the WVReciprocal Disciplinary Action, the New York Collateral Estoppel
Disciplinary Action and/or the Doyle Harassment Action.
The same analysis applies to this request and, moreover, I have an attorney/client relationship with
the ODC and prior to February 17, 2021, represented another client relative to the New York
disciplinary proceedings against you, which implicates my work product.
6. All records of phone communications
between Chief Disciplinary Counsel Rachael
Fletcher Cipoletti and/or her assistant Betsey Casto with Ancil Ramey of Steptoe & Johnson PLLC
prior (email: Ancil.Ramey@steptoe-johnson.com) to February 17, 2021 concerning or pertaining
to Anthony Zappin, the WVReciprocal Disciplinary Action, the NewYork Collateral Estoppel
Disciplinary Action and/or the Doyle Harassment Action.
The same analysis applies to this request.
FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024
Anthony Zappin
FOIA Request -- ODC
December 2, 2021
Page 4
7. All records of communications exchanged between Chief Disciplinary Counsel Rachael
Fletcher Cipoletti and/or her assistant Betsy Casto with any of the entities, individuals and/or third
parties listed below concerning or pertaining to Anthony Zappin, the WV
Reciprocal Disciplinary
Action, the DCCollateral Estoppel Action, the NewYork Collateral Estoppel Disciplinary Action,
the Zappin v. Comfort Matrimonial Action and/or the Doyle Harassment Action:
a. Kevin Doyle of the Attorney Grievance Committee for the First Judicial
Department (emails: kedoyle@nycourts.gov, kedoyle@courts.state.ny.us)
b. Jorge Dopico of the Attorney Grievance Committee for the First Judicial
Department (emails: jdopico@nycourts.gov, jdopico@courts.state.ny.us)
c. Justice Matthew Cooper of the New York County Supreme Court or any
individual employed by his chambers (emails: mcooper@nycourts.gov;
mcooper@courts.state.ny.us; email domains: nycourts.gov, courts.state.ny.us)
d. Timothy Corbo of the New York County Supreme Court (emails:
tcorbo@nycourts.gov, tcorbo@courts.state.ny.us)
e. Justice Deborah Kaplan of the New York County Supreme Court or any
individual employed by her chambers or office (emails: dkaplan@nycourts.gov,
dkaplan@courts.state.ny.us; email domains: nycourts.gov, courts.state.ny.us)
f. Joan Levenson of the New York County Supreme Court (emails:
jlevens@nycourts.gov, jlevens@courts.state.ny.us)
g. Harriet NewmanCohen previously of the firm Cohen Rabin Stine SchumannLLP
and currently of the firm Cohen Stine Kapoor LLP (emails: HCohen@crsslaw.com,
hcohen@csklawny.com)
FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024
Anthony Zappin
FOIA Request -- ODC
December 2, 2021
Page 5
h. Any individual associated with or employed by the firm Cohen Rabin Stine
Schumann LLP (email domain: crsslaw.com)
i. Any individual associated with or employed by the firm Cohen Stine Kapoor LLP
(email domain: esklawny.com)
j. Robert Wallack of The Wallack Firm PC (email: rwallack@wallackfirm.com)
k. Any individual associated with or employed by The Wallack Firm PC (email
domain: wallackfirm.com)
1. Claire K. Comfort (emails: claire3@gmail.com; clairekcomfort@yahoo.com;
Claire.comfort@usitc.gov)
m. Brian Comfort
n. Hamilton P. Fox III of the District of Columbia Office of Disciplinary Counsel
0. William ("Bill") R. Ross of the District of Columbia Office of Disciplinary
Counsel (email: rossb@dcode.org)
p. Any individual associated with or employed by the District of Columbia Office of
Disciplinary Counsel (email domain: dcode.org)
Fu q. Any individual associated with or employed by the New York Office of Court
Administration (email domains: nycourts.gov, courts.state.ny.us)
r. Any individual associated with or employed by the NewYork County Supreme
Court (email domains: nycourts.gov, courts.state.ny.us)
s. Any individual associated with or employed by the New York Unified Court
System (email domains: nycourts.gov, courts.state.ny.us)
FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024
Anthony Zappin
FOIA Request -- ODC
December 2, 2021
Page 6
t. Any individual associated with or employed by the New York Supreme Court
Appellate Division First Department (email domains: nycourts.gov,
courts.state.ny.us)
u. Any individual associated with or employed by the Manhattan District
Attorney's Office (email domain: dany.nyc.gov)
v. Any individual associated with or employed by the New York Attorney
Grievance Committee for the First Judicial Department (email domains:
nycourts.gov, courts.state.ny.us)
w. Any individual associated with or employed by the newspaper The West Virginia
Record (email domain: wvrecord.com)
x. Irene "Reenie" Keeley of the United States District Court for the Southern District
of West Virginia
y. Judge Robert B. King of the United States Court of Appeals for the Fourth Circuit
any individual employed by his chambers
The same analysis applies to this request.
8. All records of phone communications between Chief Disciplinary Counsel Rachael
Fletcher Cipoletti and/or her assistant Betsy Casto with any of the entities, individuals and/or third
parties listed below concerning or pertaining to Anthony Zappin, the WVReciprocal Disciplinary
Action, the DCCollateral Estoppel Action, the NewYork Collateral Estoppel Disciplinary Action,
the Zappin v. Comfort Matrimonial Action or the Doyle Harassment Action:
a. Kevin Doyle of the Attorney Grievance Committee for the First Judicial
Department (emails: kedoyle@nycourts.gov, kedoyle@courts.state.ny.us)
FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024
Anthony Zappin
FOIA Request -- ODC
December 2, 2021
Page 7
b. Jorge Dopico of the Attorney Grievance Committee for the First Judicial
Department (emails: jdopico@nycourts.gov, jdopico@courts.state.ny.us)
c. Justice Matthew Cooper of the New York County Supreme Court or any
individual employed by his chambers (emails: mcooper@nycourts.gov;
mcooper@courts.state.ny.us; email domains: nycourts.gov, courts.state.ny.us)
d. Timothy Corbo of the New York County Supreme Court (emails:
tcorbo@nycourts.gov, tcorbo@courts.state.ny.us)
e. Justice Deborah Kaplan of the New York County Supreme Court or any
individual employed by her chambers or office (emails: dkaplan@nycourts.gov,
dkaplan@courts.state.ny.us; email domains: nycourts.gov, courts.state.ny.us)
f. Joan Levenson of the New York County Supreme Court (emails:
jlevens@nycourts.gov, jlevens@courts.state.ny.us)
g. Harriet NewmanCohen previously of the firm Cohen Rabin Stine Schumann LLP
and currently of the firm Cohen Stine Kapoor LLP (emails: HCohen@crsslaw.com,
hcohen@csklawny.com)
h. Any individual associated with or employed by the firm Cohen Rabin Stine
Schumann LLP (email domain: crsslaw.com)
i. Any individual associated with or employed by the firm Cohen Stine Kapoor LLP
(email domain: esklawny.com)
j. Robert Wallack of The Wallack Firm PC (email: rwallack@wallackfirm.com)
k. Any individual associated with or employed by The Wallack Firm PC (email
domain: wallackfirm.com)
1. Claire K. Comfort (emails: claire3@gmail.com; clairekcomfort@yahoo.com;
FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024
Anthony Zappin
FOIA Request -- ODC
December 2, 2021
Page 8
m. Brian Comfort
n. Hamilton P. Fox mof the District of Columbia Office of Disciplinary Counsel
0. William ("Bill") R. Ross of the District of Columbia Office of Disciplinary
Counsel (email: rossb@dcode.org)
p. Any individual with or employed by the District
associated of Columbia Office of
Disciplinary Counsel (email domain: dcode.org)
q. Any individual associated with or employed by the New York Office of Court
Administration (email domains: nycourts.gov, courts.state.ny.us)
r. Any individual associated with or employed by the NewYork County Supreme
Court (email domains: nycourts.gov, courts.state.ny.us)
s. Any individual associated with or employed by the New York Unified Court
System (email domains: nycourts.gov, courts.state.ny.us)
t. Any individual associated with or employed by the New York Supreme Court
Appellate Division First Department (email domains: nycourts.gov,
courts.state.ny.us)
u. Any individual associated with or employed by the Manhattan District
Attorney's Office (email domain: dany.nyc.gov)
v. Any individual associated with or employed by the New York Attorney
Grievance Committee for the First Judicial Department (email domains:
nycourts.gov, courts.state.ny.us)
w. Any individual associated with or employed by the newspaper The West Virginia
Record (email domain: wvrecord.com)
FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024
Anthony Zappin
FOIA Request -- ODC
December 2, 2021
Page 9
x. Irene "Reenie" Keeley of the United States District Court for the Southern District
of West Virginia
y. Judge Robert B. King of the United States Court of Appeals for the Fourth Circuit
any individual employed by his chambers
The same analysis applies to this request.
9. All records in the possession, custody or control of Chief Disciplinary Counsel Rachael
Fletcher Cipoletti and/or the Office of Disciplinary Counsel that were obtained through Internet of
web searches pertaining to or concerning Anthony Zappin. This includes any records showing
browser histories of such searches.
The same analysis applies to this request, and underscores the applicability of the work product
doctrine.
10. All non-privileged and non-exempt records in the possession, custody or control of Chief
Disciplinary Counsel Rachael Fletcher Cipoletti and/or the Office of Disciplinary Counsel
concerning or pertaining to Anthony Zappin or the investigation into his alleged attorney
misconduct, which were otherwise not filed with the Hearing Panel Subcommittee or the West
Virginia Supreme Court of Appeals in the WVReciprocal Disciplinary Action.
There are no “non-privileged and non-exempt records in the possession, custody or control” of
the ODC pertaining to your disciplinary proceedings or the related investigation. Again, this
request goes to the heart of the work product doctrine.
Finally, you state:
To
the extent that any of the requested records exist in electronic form, I request that the
records be provided to me in electronic form. You may e-mail them to my e-mail address:
anthony.zappin@gmail.com.
FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024
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Anthony Zappin
FOIA Request -- ODC
December 2, 2021
Page 10
The West Virginia Freedom of Information Act, however, expressly states: “The custodian of any
public records, unless otherwise expressly provided by statute, shall furnish proper and reasonable
opportunities for inspection and examination of the records in his or her office and reasonable
facilities for making memoranda or abstracts therefrom, during the usual business hours, to all
persons having occasion to make examination of them.” W. Va. Code § 29B-1-3(3) (emphasis
supplied).
This limited production requirement is reinforced as follows: “The custodian, upon demand for
records made under this statute, shall as soon as is practicable but within a maximum of five days
not including Saturdays, Sundays, or legal holidays: (a) Furnish copies of the requested
information; (b) Advise the person making the request of the time and place at which he or she
may inspect and copy the materials; or (c) Deny the request stating in writing the reasons for
such denial.” W. Va. Code § 29B-1-3(4) (emphasis supplied).
Accordingly, relative to future FOIA requests that might seek documents that are not exempt from
disclosure, please be advised that they will be produced for your inspection at the ODC offices and,
if you desire copies, you will need to make your own arrangements for copying any records at the
time of their inspection.
If I can be of any further assistance, please let me know.
Very truly yours,
Ancil G. Ramey
961000.00030
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FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024 EXHIBIT 10 FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024 Writer’s Contact Information Phone: (304) 526-8133 OHNS Fax: (304) 933-8738 E-mail Address: ancil.ramey@steptoe-johnson.com ONJ PLLC ATT ORNEYS AT L AW December 2, 2021 BY EMAIL Anthony Zappin 28 Big Oak Place Pawley’s Island, SC 29585 anthony.zappin@gmail.com Re: FOIA Request – Office of Lawyer Disciplinary Counsel Dear Mr. Zappin: This is in response to your FOIA request received by the ODC on November 29, 2021. I will address each of your requests individually. 1. All records of communications exchanged between any individual associated with or employed by the West Virginia Office of Disciplinary Counsel and any entity, individual or third- party not associated with the West Virginia Office of Disciplinary Counsel concerning or relating to Anthony Zappin. The ODC is a prosecutorial agency and entitled to the protections of the attorney/client and work product privileges. West Virginia’s FOIA statute incorporates those protections.1 Communications with third-parties relative to your disciplinary proceedings may not implicate the attorney/client privilege, but they do implicate the fact and opinion work product doctrines. For this reason, “a prosecutor's entire work product is privileged from disclosure under the FOIA.”2 Additionally, the West Virginia Freedom of Information Act expressly exempts, “Information specifically exempted from disclosure by statute,”3 and Rule 2.6 of the Rules of Lawyer 1 See Highland Min. Co. v. W. Virginia Univ. Sch. of Med., 235 W. Va. 370, 774 S.E.2d 36 (2015). 2 Messenger v. Ingham Cty. Prosecutor, 232 Mich. App. 633, 641, 591 N.W.2d 393, 397 (1998); see also Freedom of Information Act Exemption (5 U.S.C.A. § 552(b)(5)) for Inter-agency and Intra-agency Memorandums or Letters as Applicable to Communications to or from Attorneys for the Government, 54 A.L.R. Fed. 280 (Originally published in 1981) (“Government attorneys, including prosecuting attorneys, are protected under Freedom of Information Act (FOIA) exemption for documents that are normally privileged in the civil discovery context, including documents subject to the attorney-client and attorney work-product privileges.”). 3 W. Va. Code § 29B-1-4(5). Colorado • Kentucky • Ohio • Pennsylvania • Texas • West Virginia TERRA FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024 Anthony Zappin FOIA Request -- ODC December 2, 2021 Page 2 Disciplinary Procedure, a statutory equivalent, states: “The details of complaints filed with or investigations conducted by the Office of Disciplinary Counsel shall be confidential ….” (emphasis supplied).4 Accordingly, any records communications between any individual associated with or employed by the ODC and any entity, individual or third-party related to the investigation the ODC conducted of you are exempt under W. Va. Code §§ 29B-1-4(4), (5), and (8) as interpreted and applied by the Supreme Court of Appeals of West Virginia. 2. All records of phone communications between any individual associated with or employed by the West Virginia Office of Disciplinary Counsel and any entity, individual or third party not associated with the West Virginia Office of Disciplinary Counsel concerning or relating to Anthony Zappin. The same analysis applies to this request. 3. All records of communications exchanged between Chief Disciplinary Counsel Rachael Fletcher Cipoletti and/or her assistant Betsy Casto with any entity, individual or third party not associated with the West Virginia Office of Disciplinary Counsel concerning or relating to Anthony Zappin, the WVReciprocal Disciplinary Action, the DCReciprocal Disciplinary Action, the NYCollateral Estoppel Disciplinary Action, the Zappin v. Comfort Matrimonial Action and/or the Doyle Harassment Action. The same analysis applies to this request. 4 See also Smith v. Tarr, No. 13-1230, 2015 WL 148680 (W. Va. Jan. 12, 2015) (rule of Judicial Disciplinary Procedure exempting judicial ethics complaints filed with the West Virginia Judicial Investigation Commission from disclosure under Freedom of Information Act did not violate state constitutional open courts clause); S.C. Laws. Wkly. By & through Dolan Publ'g Co. v. Wilson, 423 S.C. 144, 813 S.E.2d 527 (Ct. App. 2018) (disciplinary complaints against attorney who worked as a solicitor for the State were not “public documents” subject to disclosure under the state Freedom of Information Act). FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024 Anthony Zappin FOIA Request -- ODC December 2, 2021 Page 3 4. All records of phone communications between Chief Disciplinary Counsel Rachael Fletcher Cipoletti and/or her assistant Betsy Casto with any entity, individual or third party not associated with the West Virginia Office of Disciplinary Counsel concerning or relating to Anthony Zappin, the WVReciprocal Disciplinary Action, the DCReciprocal Disciplinary Action, the NYCollateral Estoppel Disciplinary Action, the Zappin v. Comfort Matrimonial Action and/or the Doyle Harassment Action. The same analysis applies to this request. 5. All records of communications exchanged between Chief Disciplinary Counsel Rachael Fletcher Cipoletti and/or her assistant Betsy Casto with Ancil Ramey of Steptoe & Johnson PLLC (email: Ancil.Ramey@steptoe-johnson.com) prior to February 17, 2021 concerning or pertaining to Anthony Zappin, the WVReciprocal Disciplinary Action, the New York Collateral Estoppel Disciplinary Action and/or the Doyle Harassment Action. The same analysis applies to this request and, moreover, I have an attorney/client relationship with the ODC and prior to February 17, 2021, represented another client relative to the New York disciplinary proceedings against you, which implicates my work product. 6. All records of phone communications between Chief Disciplinary Counsel Rachael Fletcher Cipoletti and/or her assistant Betsey Casto with Ancil Ramey of Steptoe & Johnson PLLC prior (email: Ancil.Ramey@steptoe-johnson.com) to February 17, 2021 concerning or pertaining to Anthony Zappin, the WVReciprocal Disciplinary Action, the NewYork Collateral Estoppel Disciplinary Action and/or the Doyle Harassment Action. The same analysis applies to this request. FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024 Anthony Zappin FOIA Request -- ODC December 2, 2021 Page 4 7. All records of communications exchanged between Chief Disciplinary Counsel Rachael Fletcher Cipoletti and/or her assistant Betsy Casto with any of the entities, individuals and/or third parties listed below concerning or pertaining to Anthony Zappin, the WV Reciprocal Disciplinary Action, the DCCollateral Estoppel Action, the NewYork Collateral Estoppel Disciplinary Action, the Zappin v. Comfort Matrimonial Action and/or the Doyle Harassment Action: a. Kevin Doyle of the Attorney Grievance Committee for the First Judicial Department (emails: kedoyle@nycourts.gov, kedoyle@courts.state.ny.us) b. Jorge Dopico of the Attorney Grievance Committee for the First Judicial Department (emails: jdopico@nycourts.gov, jdopico@courts.state.ny.us) c. Justice Matthew Cooper of the New York County Supreme Court or any individual employed by his chambers (emails: mcooper@nycourts.gov; mcooper@courts.state.ny.us; email domains: nycourts.gov, courts.state.ny.us) d. Timothy Corbo of the New York County Supreme Court (emails: tcorbo@nycourts.gov, tcorbo@courts.state.ny.us) e. Justice Deborah Kaplan of the New York County Supreme Court or any individual employed by her chambers or office (emails: dkaplan@nycourts.gov, dkaplan@courts.state.ny.us; email domains: nycourts.gov, courts.state.ny.us) f. Joan Levenson of the New York County Supreme Court (emails: jlevens@nycourts.gov, jlevens@courts.state.ny.us) g. Harriet NewmanCohen previously of the firm Cohen Rabin Stine SchumannLLP and currently of the firm Cohen Stine Kapoor LLP (emails: HCohen@crsslaw.com, hcohen@csklawny.com) FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024 Anthony Zappin FOIA Request -- ODC December 2, 2021 Page 5 h. Any individual associated with or employed by the firm Cohen Rabin Stine Schumann LLP (email domain: crsslaw.com) i. Any individual associated with or employed by the firm Cohen Stine Kapoor LLP (email domain: esklawny.com) j. Robert Wallack of The Wallack Firm PC (email: rwallack@wallackfirm.com) k. Any individual associated with or employed by The Wallack Firm PC (email domain: wallackfirm.com) 1. Claire K. Comfort (emails: claire3@gmail.com; clairekcomfort@yahoo.com; Claire.comfort@usitc.gov) m. Brian Comfort n. Hamilton P. Fox III of the District of Columbia Office of Disciplinary Counsel 0. William ("Bill") R. Ross of the District of Columbia Office of Disciplinary Counsel (email: rossb@dcode.org) p. Any individual associated with or employed by the District of Columbia Office of Disciplinary Counsel (email domain: dcode.org) Fu q. Any individual associated with or employed by the New York Office of Court Administration (email domains: nycourts.gov, courts.state.ny.us) r. Any individual associated with or employed by the NewYork County Supreme Court (email domains: nycourts.gov, courts.state.ny.us) s. Any individual associated with or employed by the New York Unified Court System (email domains: nycourts.gov, courts.state.ny.us) FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024 Anthony Zappin FOIA Request -- ODC December 2, 2021 Page 6 t. Any individual associated with or employed by the New York Supreme Court Appellate Division First Department (email domains: nycourts.gov, courts.state.ny.us) u. Any individual associated with or employed by the Manhattan District Attorney's Office (email domain: dany.nyc.gov) v. Any individual associated with or employed by the New York Attorney Grievance Committee for the First Judicial Department (email domains: nycourts.gov, courts.state.ny.us) w. Any individual associated with or employed by the newspaper The West Virginia Record (email domain: wvrecord.com) x. Irene "Reenie" Keeley of the United States District Court for the Southern District of West Virginia y. Judge Robert B. King of the United States Court of Appeals for the Fourth Circuit any individual employed by his chambers The same analysis applies to this request. 8. All records of phone communications between Chief Disciplinary Counsel Rachael Fletcher Cipoletti and/or her assistant Betsy Casto with any of the entities, individuals and/or third parties listed below concerning or pertaining to Anthony Zappin, the WVReciprocal Disciplinary Action, the DCCollateral Estoppel Action, the NewYork Collateral Estoppel Disciplinary Action, the Zappin v. Comfort Matrimonial Action or the Doyle Harassment Action: a. Kevin Doyle of the Attorney Grievance Committee for the First Judicial Department (emails: kedoyle@nycourts.gov, kedoyle@courts.state.ny.us) FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024 Anthony Zappin FOIA Request -- ODC December 2, 2021 Page 7 b. Jorge Dopico of the Attorney Grievance Committee for the First Judicial Department (emails: jdopico@nycourts.gov, jdopico@courts.state.ny.us) c. Justice Matthew Cooper of the New York County Supreme Court or any individual employed by his chambers (emails: mcooper@nycourts.gov; mcooper@courts.state.ny.us; email domains: nycourts.gov, courts.state.ny.us) d. Timothy Corbo of the New York County Supreme Court (emails: tcorbo@nycourts.gov, tcorbo@courts.state.ny.us) e. Justice Deborah Kaplan of the New York County Supreme Court or any individual employed by her chambers or office (emails: dkaplan@nycourts.gov, dkaplan@courts.state.ny.us; email domains: nycourts.gov, courts.state.ny.us) f. Joan Levenson of the New York County Supreme Court (emails: jlevens@nycourts.gov, jlevens@courts.state.ny.us) g. Harriet NewmanCohen previously of the firm Cohen Rabin Stine Schumann LLP and currently of the firm Cohen Stine Kapoor LLP (emails: HCohen@crsslaw.com, hcohen@csklawny.com) h. Any individual associated with or employed by the firm Cohen Rabin Stine Schumann LLP (email domain: crsslaw.com) i. Any individual associated with or employed by the firm Cohen Stine Kapoor LLP (email domain: esklawny.com) j. Robert Wallack of The Wallack Firm PC (email: rwallack@wallackfirm.com) k. Any individual associated with or employed by The Wallack Firm PC (email domain: wallackfirm.com) 1. Claire K. Comfort (emails: claire3@gmail.com; clairekcomfort@yahoo.com; FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024 Anthony Zappin FOIA Request -- ODC December 2, 2021 Page 8 m. Brian Comfort n. Hamilton P. Fox mof the District of Columbia Office of Disciplinary Counsel 0. William ("Bill") R. Ross of the District of Columbia Office of Disciplinary Counsel (email: rossb@dcode.org) p. Any individual with or employed by the District associated of Columbia Office of Disciplinary Counsel (email domain: dcode.org) q. Any individual associated with or employed by the New York Office of Court Administration (email domains: nycourts.gov, courts.state.ny.us) r. Any individual associated with or employed by the NewYork County Supreme Court (email domains: nycourts.gov, courts.state.ny.us) s. Any individual associated with or employed by the New York Unified Court System (email domains: nycourts.gov, courts.state.ny.us) t. Any individual associated with or employed by the New York Supreme Court Appellate Division First Department (email domains: nycourts.gov, courts.state.ny.us) u. Any individual associated with or employed by the Manhattan District Attorney's Office (email domain: dany.nyc.gov) v. Any individual associated with or employed by the New York Attorney Grievance Committee for the First Judicial Department (email domains: nycourts.gov, courts.state.ny.us) w. Any individual associated with or employed by the newspaper The West Virginia Record (email domain: wvrecord.com) FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024 Anthony Zappin FOIA Request -- ODC December 2, 2021 Page 9 x. Irene "Reenie" Keeley of the United States District Court for the Southern District of West Virginia y. Judge Robert B. King of the United States Court of Appeals for the Fourth Circuit any individual employed by his chambers The same analysis applies to this request. 9. All records in the possession, custody or control of Chief Disciplinary Counsel Rachael Fletcher Cipoletti and/or the Office of Disciplinary Counsel that were obtained through Internet of web searches pertaining to or concerning Anthony Zappin. This includes any records showing browser histories of such searches. The same analysis applies to this request, and underscores the applicability of the work product doctrine. 10. All non-privileged and non-exempt records in the possession, custody or control of Chief Disciplinary Counsel Rachael Fletcher Cipoletti and/or the Office of Disciplinary Counsel concerning or pertaining to Anthony Zappin or the investigation into his alleged attorney misconduct, which were otherwise not filed with the Hearing Panel Subcommittee or the West Virginia Supreme Court of Appeals in the WVReciprocal Disciplinary Action. There are no “non-privileged and non-exempt records in the possession, custody or control” of the ODC pertaining to your disciplinary proceedings or the related investigation. Again, this request goes to the heart of the work product doctrine. Finally, you state: To the extent that any of the requested records exist in electronic form, I request that the records be provided to me in electronic form. You may e-mail them to my e-mail address: anthony.zappin@gmail.com. FILED: NEW YORK COUNTY CLERK 05/28/2024 10:39 PM INDEX NO. 154980/2024 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 05/28/2024 Anthony Zappin FOIA Request -- ODC December 2, 2021 Page 10 The West Virginia Freedom of Information Act, however, expressly states: “The custodian of any public records, unless otherwise expressly provided by statute, shall furnish proper and reasonable opportunities for inspection and examination of the records in his or her office and reasonable facilities for making memoranda or abstracts therefrom, during the usual business hours, to all persons having occasion to make examination of them.” W. Va. Code § 29B-1-3(3) (emphasis supplied). This limited production requirement is reinforced as follows: “The custodian, upon demand for records made under this statute, shall as soon as is practicable but within a maximum of five days not including Saturdays, Sundays, or legal holidays: (a) Furnish copies of the requested information; (b) Advise the person making the request of the time and place at which he or she may inspect and copy the materials; or (c) Deny the request stating in writing the reasons for such denial.” W. Va. Code § 29B-1-3(4) (emphasis supplied). Accordingly, relative to future FOIA requests that might seek documents that are not exempt from disclosure, please be advised that they will be produced for your inspection at the ODC offices and, if you desire copies, you will need to make your own arrangements for copying any records at the time of their inspection. If I can be of any further assistance, please let me know. Very truly yours, Ancil G. Ramey 961000.00030