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298 FOIL Ser. #: Chris Masterson 0 Christine Fulton .~ SueR~ . 0 LL I BQ.llL ~qc:5 2009-10-16 JCM TOWN OF WAPPINGER Application for Public Access to Records FOIL REQUEST FOR INTERNAL USE ONt Y Received by: o~ vJ..A':.p/ ~..~" '.',:".:-~t;" -' .' ,,~. '.'0 / '. . '. <"1:l '':.f,~. . . \~. ", ........ .' I....' c::." . J z: 4A '.loo.." (I '. ';\,.. ~~ss -co:v~ Date Received: DEPARTMENT: ASSESSOR 0 ACCOUNTING 0 CODE ENFORCEMENT 0 PLANNING 0 ZONING 0 FIRE INSPECTOR 0 HIGHWAY 0 RECENER OF TAXES 0 RECREATION 0 SUPERVISOR 0 TOWN CLERK 0 W A TERlSEWER 0 DOG CONTROL OFFICER 0 TOWN ENGINEER 0 TOWN ATTORNEY 0 FOR DEPARTMENT USE ONLY Date Received by Dept lL / I ~ / 11- Department Head approval: (init) Date Applicant Contacted: _ / _ / _ Date FOIL fulfilled ~1L QL / lL Closed by: @ Date: ~<i)-L/iL Notes: Defl"[U Amount Due:~ Pages for a total of$ /' Name: vtl.v.L W. rYl ~ q 11 ~r . 0 check here if you are Address: .~ ~~ ~v AS> 'j S\,X'n ;,,\'-.\2.d . requesting that the records Gu i -\- <(. -z:=:.o<B . be mailed to this address. Agency or firm: V On Kvr":'./ IN '-./ ) OJ /0 Te1ephone#: (1/4 )0{p1 -_~(XJJ FAX#: ( )-- Email address: SPECIFIC DESCRIPTION OF RECORD: ,~/~~ FORMAT OF RECORD (if available) o I request to be notified when I can come to inspect the record(s) described above o I request copies of the records described above and agree to pay the cost of such records in accordance with the fee schedule on the back of this application o I request that the records be sent via e-mail to the address listed above o I request that the records be faxed to the number listed above PAUL W. MEYER, JR. Attorney at Law Admitted in New York and Florida Via certified mail November 16, 2011 Town Clerk Town of Wappinger 20 Middlebush Road Wappinger Falls, New York 12590 Re: Handicapped Parking Permit # 3401969 Dear Sir: Note that I am the attorney for GCS Realty Co., Inc., a landlord of commercial real property located at Yonkers, New York. In order to accommodate the customers of its tenants, my client began enforcing lease provisions which require tenants, and their employees, to park away from the building at the property. In response to same, and as told in advance to various other tenants, the holder of the subject parking permit obtained the subject permit so as to circumvent the lease requirement and park adjacent to the building. While said person had foot surgery several months ago and has been since healed/cured, the utilization of said permit goes against the very core of the ADA requirements. At this time, and in accordance with the directives of Public Officer Law Article 6 tl.e., Ihe NYS Freedom of Information Law), the request is made that a copy of the application submitted for the aforesaid permit be . ed. Thanking you in advance, I am PWM:gy 35 East Grassy Sprain Road Suite 508 Yonkers, New York 10710 Tel. (914) 961-3000 Fax. (914) 961-4993 (Fax not for service purposes) TOWN CLERK SUPERVISOR Barbara A. Gutzler 20 MIDDLEBUSH ROAD WAPPINGERS FALLS, NY 12590 WWW.TOWNOFWAPP1NGER.US (845) 297-4158 - Main (845) 297-5771 - Direct (845) 298-1478 - Fax TOWN BOARD William H. Beale Vincent Bettina lsmay Czarniecki Joseph P. Paoloni Office of the Town Clerk November 21,2011 Paul W. Meyer, Jr., ESQ 35 East Grassy Sprain Rd Yonkers, New York 10710 Re: FOIL # 298 Dear Mr. Meyer; Enclosed please find your Freedom of Information Request for a copy of Handicapped Parking Permit # 3401969. According to Robert Freedman, Executive Director Committee on Open government, that unless the applicant of the handicap permits consents to the information this is an unwarranted invasion of privacy and . therefore, as Records Access Officer, I have denied your request. Please do not hesitate to contact my office at 845-297-5771 should you have any further questions. Sincerely, <c~ Christine Fulton Deputy Town Clerk/Records Access Officer Ene. The Committee on Open Government Page 1 of 1 ""'_ \\ Ynt k ~ SUII.' := State Aqencles G Search all of NY' gal/ State of New York Department of State Committee on Open Government One Commerce Plaza 99 Washington Ave. Albany, New York 12231 (518) 474-2518 Fax (518) 474-1927 htto://www.dos nv.aov/coog/ FOIL-AO-17251 .E.::M8li. From: Jobin-Davis, Camille (DOS) Sent: Monday, July 21, 2008 3:34 PM To: Subject: Freedom of Information Law - parking permits Dear This is in response to the request you made through the website of the Committee on Open Government. I do not believe that handicap parking permit applications would be required to be provided to the public in response to a request made pursuant to the Freedom of Information Law. It is likely that you will find the following advisory opinion helpful: http://www.dos.state.ny.us/coog/ftext/f10587.htm If the applications are maintained by a state agency, my answer would be somewhat different: in that case the state agency would be prohibited from disclosing records that would cause an unwarranted invasion of personal privacy. This is different from the discretionary authority of a municipality. I hope that this is helpful to you. Camille Camille S. Jobin-Davis, Esq. Assistant Director NYS Committee on Open Government Department of State 518/474-2518 http://www.dos.state.ny .us/coog/coogwww.html DOS Home I A to Z Index I Aoolications I Accessibilitv I Privacv Policv I Disclaimer I Contact Us I 1:111 ..._I,I http://www.dos.ny.gov/coog/ftext/f17251.html 11/21/2011