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From: gaming.sm.FoilRequests [mailto:FOIL.Requests@gaming.ny.gov]
Sent: Thursday, September 22, 2016 12:27 PM
To: Barry Yomtov <byomtov@ibt707.com>
Subject: RE: Foil Request

Dear Mr. Yomtov:

I am writing in further response to your recent request for records (attached), pursuant to Freedom of Information Law, New York Public Officers Law Section 87 (“FOIL”).  

You have requested “a copy of any and all tentative agreements between the Genting Corporation and Nassau Regional OTB relating to the installation of VLT terminals at the Resorts World New York City Casino.”;

New York State Public Officer’s Law §89(5)(b)(1), and the subsequent sections (2) and (3) require the Commission, as a New York State agency, to inform the person(s) who submitted records on behalf of both Genting New York LLC (“Genting”) and Nassau Regional Off-Track Betting Corporation (“NROTB”), of the agency’s intention to determine whether exception to said records should be granted or continued as required by Public Officer’s Law §89(5)(b)(1), and to inform them of their right to submit a written statement of the necessity for the granting or continuing of such exemption from disclosure.

The Commission has the record(s) responsive to your request and is preparing to send the aforementioned letters to both parties this week.  They will then have ten (10) business days of receipt to submit their written statements.  Upon receipt of these written statements, the Commission will have seven (7) business days to issue a written determination granting, continuing or terminating such exception and stating the reasons therefor.  According to the statute, copies of the Commission’s determination will be provided to you as the requester of the records and to the person(s) who requested the exception(s) (Genting and NROTB), as well as a copy to the New York State Committee on Open Government.  Should the Commission deny an exemption from disclosure under paragraph (b) referenced above, Genting and NROTB would then have the opportunity to appeal this denial pursuant to Public Officer’s Law §89(5)(c). 

In order to allow enough time to follow the procedure outlined above under Public Officer’s Law §89(5)(b) and Public Officer’s Law §89(5)(c), we will respond to your request within the next thirty (30) business days. 

The New York State Gaming Commission again reserves the right to deny access to records or portions thereof as allowed under the New York State Freedom of Information Law.  

Thank you again for your interest in the Commission. 

Sincerely,

Michelle Barbetta

Records Access/FOIL Officer

New York State Gaming Commission

1 Broadway Center, Schenectady, NY 12305

(518) 388-3413 | Foil.requests@gaming.ny.gov

www.gaming.ny.gov

From: Barry Yomtov [mailto:byomtov@ibt707.com]
Sent: Wednesday, August 17, 2016 11:22 AM
To: gaming.sm.FoilRequests
Subject: Foil Request

ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails.

Dear Records Officer:
Attached please find FOIL request. A hard copy is being mailed to your office.

Thank you,

Barry Yomtov,

Business Agent

Teamsters Local 707

14 Front Street

Hempstead, NY 11550

Tel: (516) 560-8512

Fax: (516) 486-7164