halloween tuesday november 8 2016

Dear Mr. Leeds:

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

You revised your earlier request to ask for “the same records requested by barry yomtov” which are “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.”;

The Agreement responsive to your request just recently became finalized.  Under New York State Public Officer’s Law §89(5)(b)(1), and the subsequent sections (2) and (3), the Commission, as a New York State agency, is required 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 sent the aforementioned letters to both Genting and NROTB under POL §89(5)(b)(1) and received written statements in reply from both.  The Commission is continuing with its review of both parties’ written statements and plans to issue our written determination shortly either granting, continuing or terminating such exception and stating the reasons therefor.  Both you and Mr. Yomtov will be provided with a copy of the Commission’s determination as requesters of the record(s) in question, per the aforementioned statute.  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 afford both Genting and NROTB their statutory rights under FOIL, we find that it is not appropriate to release the responsive record(s) at this time.  Based on the aforementioned, we need more time to follow the POL §89(5)(b)(1) process and believe that barring the need for an appeal, ten (10) additional business days should suffice.  Therefore, you will have our response no later than November 16^th.

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: Leonard [mailto:pointreyes@verizon.net]
Sent: Thursday, September 22, 2016 8:17 PM
To: gaming.sm.FoilRequests
Subject: per our conversation of todaythursday september 22

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

dear records access officer:

   per our conversation of this afternoon Thursday September 22nd i hereby request the same records requested by barry yomtov pursuant to the freedom of information law.

sincerely your,

jackson leeds

nassau otb cashier

516-223-8407

1528 kenneth avenue 

baldwin, ny 11510-1601

thursday september 22, 2016

Sent from my iPad