County of Saratoga

Board of Supervisors
40 MCMASTER STREET
BALLSTON SPA, NEW YORK 12020
EDWARD D. KINOWSKI Phone: (518) 885-2240 PAMELA WRIGHT
Chairman Fax: (518) 884-4771 Clerk

May 25, 2018

Robert Turner
180 Phila Street
Saratoga Springs, New York 12866

Re: FOIL #18-092

Dear Mr. Turner:

I am in receipt of your FOIL request dated April 23, 2018.

The records sought were previously the subject of a demand for records made to the Saratoga County
Board of Elections on 11/20/2017. An article 78 action was filed and relief was denied per the
2/6/2018 decision of Hon. Thomas D. Nolan. (Exhibit A). No appeal was taken from that decision.

A second request, this time labeled a FOIL request, was made to the Records Access Officer on
2/14/2018 (Exhibit B). The FOIL request was denied by the Records Access Officer in a decision dated
3/21/2018. No appeal was taken from that decision. (Exhibit C).

A third request, again labeled as a FOIL request, was filed for the same records on 4/23/2018 and given
the FOIL number 18-092. (Exhibit D).

Your request for these documents is duplicative of your previous requests, which have been fully
settled. The County of Saratoga will neither entertain nor respond to repeated requests for the same
documents if the documents at issue have previously been addressed and the matter has not been
appealed to the furthest extent permissible under the law. See Sanders V. Coddington, 262 A.D.2d 104
(1st Dep’t 1999); Mendez v. New York City Police Dep’t, 206 A.D.2d 262 (1st Dep’t 1999); Van
Steenburg v. Thomas, 242 A.D.2d 802 (3d Dep’t 1997).

www.saratogacountyny.gov
It is possible that the material in question may, at some time in the future, be exempt from the Mendez
duplication analysis due to a change in circumstances, see Corbin V. Ward, 160 A.D.2d 596, AO-
F9438, AO-11915, AO-15017, see Garcia, 302 A.D.2d 755 (3rd Dep’t, 2003).

On 4/12/2018 the Appellate Division 3rd Department issued a three-to-two decision which ruled that
material comprising electronic ballot images must be disclosed pursuant to FOIL, despite the
provisions of Election Law § 3222 et seq., Kosmider v. Whitney, 160 A.D.3d 1151. However, with the
filing of a Notice of Appeal by Elections Commissioner Allison McGahay of Essex County, the
automatic stay provisions of CPLR § 5519 (a) are in effect and apply to this administrative decision as
the Court of Appeals construes election law § 3-222. (Exhibit E).

The automatic stay applies to appeals as of right, DFI Communications Inc., v. Greenberg, 41NY2nd
1017 (1997). The stay blocks he executory enforcement of the judgement upon which the automatic
stay operates, Pokoik v. Dept. of Health Services, 220A.D.2d 13 (2nd Dep’t 1996)

Accordingly, your request must be denied as there are no changes in circumstances which are operative
at this time.

You have the right to appeal a denial of this application within 30 days of the date of
the mailing of the denial to you. Your appeal must be in writing and filed with the Appeals
Officer, County Attorney Stephen Dorsey, 40 McMaster Street, Ballston Spa, New York
12020 who must either overrule or sustain such denial in writing within 10 business days of
the receipt of such appeal.

Very truly yours,

Pamela A. Wright
Records Access Officer

PAW/tc

cc: Roger Schiera

William Fruci

www.saratogacountyny.gov