From: Freeman, Robert J (DOS)
Sent: Wednesday, August 16, 2017 12:49 PM
Subject: RE: FOIL certification request RE: FOIL G000418-062617 -- Forbes Media
There is no judicial precedent on the subject, but I would argue that the OAG cannot treat your request for certification as an appeal.
For the sake of discussion, let us surmise that in response to the request for certification, the OAG locates additional records. Let us also surmise that some of those records are made available in their entirety, but that others have undergone redaction or are withheld in their entirety. In that circumstance, if the request for certification is deemed to be an appeal, you would have effectively lost your right to appeal with respect to the records or portions of records that were withheld. I do not believe that an outcome of that nature would be consistent with law or approved by a court.
In an effort to share my opinion and reach a positive result, a copy of this response is being sent to Ms. Sheingold.
Best to all,