July 30, 2012
Edward P. Dunphy, Esq.
Corporation Counsel & FOIL Appeals Officer
City of Yonkers
City Hall
Yonkers, N.Y. 10701
Re: FOIL Request - Danny Squicciarini
Dear Mr. Dunphy:
This letter is a follow-up to my FOIL Appeal letter dated April 27, 2012, FOIL Officer Kevin Crozier's response of May 1, 2012, and my follow-up response of May 8, 2012. Mr. Crozier states that my FOIL request of February 13, 2012, must be denied in its entirety because "these records have been sealed by order of Judge Cerrato on January 6, 2012". My request for a copy of this order has been ignored.
Please be advised that I have obtained from the Westchester County District Attorney's Office a copy of Mr. Squicciarini's sealed court file. The records sealed by order of Judge Cerrato following the termination of his case do not include the videotape memorializing the time Mr. Squicciarini spent at the Alexander Street Jail on September 2, 2012, or the Internal Affairs investigation of his complaint against Officers Delladonna and Devito. As I have previously stated, these records are separate and apart from the sealed court file and are in the possession, custody or control of the City of Yonkers.
If these records are not provided within seven (7) days we will consider taking the appropriate legal action to judicially compel their production and seek attorney's fees from the Court. It is also noted that any official(s) of the City of Yonkers who, with intent to prevent public inspection, has willfully withheld or destroyed these records could be charged with a violation pursuant to N.Y. Pub. Off. Law ยง 89(8).
Your cooperation in avoiding the financial burden on my client, and the City of Yonkers, of litigation for this straightforward FOIL request is anticipated and appreciated.
Very truly yours,
Debra S. Cohen
cc: New York State Committee on Open Government
