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nypd response
handschu request
handschu response

The City of New York

POLICE DEPARTMENT
LEGAL BUREAU
F.O.I.L. UNIT ROOM 110C
ONE POLICE PLAZA
NEW YORK, NEW YORK 10038

September 2, 1992

Eric David Nakao
P. O. Box
Rockefeller Center Station
New York, New York 10185

Dear Mr. Nakao:

I am writing in response to your Freedom of Information Law request dated August 28, 1992 and received by this office on September 2, 1992 requesting "documents or other information. . .but not exclusive of organizations, groups or individuals" .

The Freedom of Information Law allows access to documents reasonably described. As your request does not describe a document, I am unable to provide access to any records.

The material you seek may be under the control of the Handschu Authority. Please complete the enclosed request form and return it to the Handschu Authority, Legal Bureau, One Police Plaza, Room 1406, New York, New York 10038.

Very truly yours,

LOUIS J. CAPASSO
Sergeant
Records Access Officer

LJC:grf
Enclosure

LBF #9-1158-92

Misc. 3793 (6-90)-h2


(enclosed Handschu request form)

I request that you search all files in your possession covered by the settlement for the requested documents and notify me in writing of their existence or non-existence.

If such materials exist, and are not exempt from disclosure pursuant to the settlement, please set forth when they will be available for inspection and copying or how, if I reside more than 150 miles from New York City, I may order them by mail. I agree to pay the reasonable cost of copying if I desire copies of the materials I inspect.

If such materials exist but you assert that some or all of them are exempt from disclosure, I request that with respect to any non-exempt materials you provide me with an opportunity to inspect and copy as set forth above. With respect to the materials you assert are exempt, I request that you provide me with written notification of the basis of each claimed exemption, together with a statement of the appeal procedure and the forms for filing an appeal.

If you claim that no materials exist responsive to this request, please send me written notification, together with a statement of the appeal procedure and the forms for filing an appeal.

I UNDERSTAND THAT IN ACCORDANCE WITH THE SETTLEMENT, NO LIST OF PERSONS WHO REQUEST SEARCH OR INSPECTION OF THESE FILES PURSUANT TO THIS PROCEDURE MAY BE RETAINED AFTER THE CONCLUSION OF THE SEARCH, INSPECTION AND APPEAL PROCESS, IF ANY. THE INFORMATION I HAVE SUPPLIED ON THIS FORM IS PROVIDED IN RELIANCE UPON THIS PORTION OF THE STIPULATION OF SETTLEMENT WHICH I UNDERSTAND CARRIES THE LEGAL EFFECT OF A COURT ORDER.

Very truly yours,

_________________________
(signature)

Dated:

BIRTHDATE ____________  PLACE OF BIRTH _______________

NAME ________________   TELEPHONE _____________________

ADDRESS ____________     SOC. SEC. NO. __________________


__________________________________________________________

FOR POLICE DEPARTMENT USE ONLY:

IDENTIFICATION PRESENTED: ________________________

DATE REQUEST FORM SUBMITTED/RECEIVED ____________
                                                
__________________________________________________________

                                                  - 2 -

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9/22/92

New York City Police Dept - Handschu request

(This is a request form with the required information filled in in the spaces at the bottom)

I request that you search all files in your possession covered by the settlement for the requested documents and notify me in writing of their existence or non-existence.

If such materials exist, and are not exempt from disclosure pursuant to the settlement, please set forth when they will be available for inspection and copying or how, if I reside more than 150 miles from New York City, I may order them by mail. I agree to pay the reasonable cost of copying if I desire copies of the materials I inspect.

If such materials exist but you assert that some or all of them are exempt from disclosure, I request that with respect to any non-exempt materials you provide me with an opportunity to inspect and copy as set forth above. With respect to the materials you assert are exempt, I request that you provide me with written notification of the basis of each claimed exemption, together with a statement of the appeal procedure and the forms for filing an appeal.

If you claim that no materials exist responsive to this request, please send me written notification, together with a statement of the appeal procedure and the forms for filing an appeal.

I UNDERSTAND THAT IN ACCORDANCE WITH THE SETTLEMENT, NO LIST OF PERSONS WHO REQUEST SEARCH OR INSPECTION OF THESE FILES PURSUANT TO THIS PROCEDURE MAY BE RETAINED AFTER THE CONCLUSION OF THE SEARCH, INSPECTION AND APPEAL PROCESS, IF ANY. THE INFORMATION I HAVE SUPPLIED ON THIS FORM IS PROVIDED IN RELIANCE UPON THIS PORTION OF THE STIPULATION OF SETTLEMENT WHICH I UNDERSTAND CARRIES THE LEGAL EFFECT OF A COURT ORDER.

Very truly yours,

Eric Nakao_________________________
(signature)

Dated: 9/22/92

BIRTHDATE ____8-26-57_  PLACE OF BIRTH    (withheld)

NAME         Eric Nakao_     TELEPHONE ___(blank)____

ADDRESS     PO Box            SOC. SEC. NO.          (number withheld
                      Rockefeller Ctr Station
                      NY, NY 10185

__________________________________________________________

FOR POLICE DEPARTMENT USE ONLY:

IDENTIFICATION PRESENTED: ________________________

DATE REQUEST FORM SUBMITTED/RECEIVED ____________
                                                
__________________________________________________________

                                                  - 2 -

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New York City Police Dept - Handschu response

The City of New York
POLICE DEPARTMENT
NEW YORK, N.Y. 10038

October 5, 1992

Eric Nakao
P.O. Box
Rockerfella (sic) Center Station
New York, N.Y. 10185

Dear Mr. Nakao:

Your recent Handschu request was incomplete. I am therefore, returning it to you along with a complete blank request. Also, please note that in accordance with the Handschu stipulation, persons residing within 150 miles of New York City must present this form in person at Police Headquarters. Please also note that the deadline for entries made on or after January 1, 1960 was December 1, 1987. Accordingly, your request may not be timely.

Unless, the purpose of your recent request is to appeal a denial by the Handschu Authority you may have to contact our Freedom of Information Office to request documents.

Once your completed request is filed in accordance with the Handschu stipulation, the Handschu Authority will advise you of the results in writing.

Very truly yours,

CHARLANE O. BROWN
Detective
Legal Bureau

COB:lb
LB1022L

(See New York City Police Dept - Handschu request for "returned form."
The single Handschu request form page was the only page I could find in my files, so I don't know if that was the only page I sent or if that was the only page that Sergeant Capasso of the NYPD's F.O.I.L. Unit had sent me in response to my original FOIA request.)


(Enclosed blank Handschu request form below. Underlined words are not links.)


REQUEST FOR DISCLOSURE OF NEW YORK CITY POLICE DEPARTMENT FILES PURSUANT TO THE STIPULATION AND ORDER IN HANDSCHU. et al v. SPECIAL SERVICES DIVISION., et al.. (71 Civ. 2203, SONY; 605 F. Supp. 1384; 787 F. 2d 828)__________________________________

NOTE: Persons residing within 150 miles of
New York City must present this form in person at Police Headquarters together with two forms of identification. Persons residing more than 150 miles from New York City may mail this form provided that they complete the affidavit on page 3 (certified mail return receipt suggested but optional).

New York City Police Department
One Police Plaza
New York, New York 10007
Att: PSS Files Disclosure

SIRS/MADAMS:

I hereby request inspection of all documents, including but not limited to index cards, paper records, photographs, tape recordings, films and videos captioned in or bearing either (a) my name; or (b) the name of the organization specified below contained in the files of the New York City Police Department, Public Security Section (and its predecessors and successors) for the period January 1, 1955 through December 1, 1986, pursuant to the settlement of a class action lawsuit in the United States District Court for the Southern District of New York entitled Handschu, et al. v. Special Services Division, et al.

NOTE: If you are requesting files containing entries made between January 1, 1955 to January 1, 1960, you have until June 1, 1987 to make your request. For files containing entries made on or after January 1, 1960, you have until December 1, 1987 to make your request.

(For requests by individuals, list full name and common variations in spelling, nicknames, aliases, names before or after marriage. For requests by organizations, list formal name and any variations or sub-groups of organization):
_________________________________________________

_________________________________________________

_________________________________________________


To assist you in searching for the records, I list here any relevant dates, locations, events or organizational affiliations relevant to my request (attach additional sheets if necessary):

_________________________________________________

_________________________________________________

_________________________________________________


I request that you search all files in your possession covered by the settlement for the requested documents and notify me in writing of their existence or non-existence.

If such materials exist, and are not exempt from disclosure pursuant to the settlement, please set forth when they will be available for inspection and copying or how, if I reside more than 150 miles from New York City, I may order them by mail. I agree to pay the reasonable cost of copying if I desire copies of the materials I inspect.

If such materials exist but you assert that some or all of them are exempt from disclosure, I request that with respect to any non-exempt materials you provide me with an opportunity to inspect and copy as set forth above. With respect to the materials you assert are exempt, I request that you provide me with written notification of the basis of each claimed exemption, together with a statement of the appeal procedure and the forms for filing an appeal.

If you claim that no materials exist responsive to this request, please send me written notification, together with a statement of the appeal procedure and the forms for filing an appeal.

I UNDERSTAND THAT IN ACCORDANCE WITH THE SETTLEMENT, NO LIST OF PERSONS WHO REQUEST SEARCH OR INSPECTION OF THESE FILES PURSUANT TO THIS PROCEDURE MAY BE RETAINED AFTER THE CONCLUSION OF THE SEARCH, INSPECTION AND APPEAL PROCESS, IF ANY. THE INFORMATION I HAVE SUPPLIED ON THIS FORM IS PROVIDED IN RELIANCE UPON THIS PORTION OF THE STIPULATION OF SETTLEMENT WHICH I UNDERSTAND CARRIES THE LEGAL EFFECT OF A COURT ORDER.

Very truly yours,

_________________________
(signature)

Dated:

BIRTHDATE ____________   PLACE OF BIRTH________________

NAME ________________    TELEPHONE ____________________

ADDRESS _____________    SOC. SEC. NO. ____________________

__________________________________________________________

FOR POLICE DEPARTMENT USE ONLY:

IDENTIFICATION PRESENTED: ________________________

DATE REQUEST FORM SUBMITTED/RECEIVED ____________
                                                
__________________________________________________________

                                                  - 2 -



OPTIONAL: (Fill in this portion if you wish to appoint an attorney to act in your behalf or on behalf of the requesting organization after you submit this request): I hereby appoint the following attorney whose name, office address and telephone number are set forth below, to act with respect to this request and direct that further communications be directed to her/him:

Name of Representative ____________ Telephone ( )_________
Address ______________________ City __ State __ Zip

_________________________________________________________


TO BE COMPLETED WHEN REQUESTING DOCUMENTS BY MAIL, EITHER ON OWN BEHALF OR ON BEHALF OF ORGANIZATION

STATE OF _________________________ SS.:

COUNTY OF_______________________


              _____________________swears ( or affirms) and says:

I am the person making a request for disclosure of documents herein. I reside at ____________________ and am the holder of the following identification: (refer to valid license number, birth certificate or passport by naming same, giving its number and name of issuing authority)__________

________________________________________________________
________________________________________________________
________________________________________________________

Sworn to before me this
day of , 198_ (signature)_____________________

_________________________________________________________

TO BE COMPLETED WHEN REQUESTING DOCUMENTS ON BEHALF OF EXISTING ORGANIZATION WITH GOVERNING BODY".

STATE OF ___________________ ss.: COUNTY OF
, swears (or affirms) and says:
I am the ________________ of the following organization: (title)
, located at .In
accordance with the by-laws or other rules governing said organization, it has designated _________________ to request the disclosure of documents captioned in or bearing the name of said organization. I understand that for presently existing organizations, only one request will be honored, and I represent that this is the only request authorized by the organization.

(signature)_________________________

Sworn to before me this
day of                       , 198_

______________________________
            NOTARY PUBLIC

________________________________________________________


                                              - 3 -


TO BE COMPLETED WHEN REQUESTING DOCUMENTS ON BEHALF OF EXISTING ORGANIZATION WITHOUT GOVERNING BODY

STATE OF ___________________ ss.: COUNTY OF
, swears (or affirms) and says:
I am currently an authorized representative of the following, organization: ______________, located at _______________. I hereby request the disclosure of all documents captioned in or bearing the name of said organization. I understand that for presently existing organizations, only one request will be honored, and I represent that this is only request authorized by the organization.

                                     ______________________________
                                             (signature)

Sworn to before me this
day of , 198_

_________________________________
NOTARY PUBLIC

_______________________________________________________

TO BE COMPLETED WHEN REQUESTING DOCUMENTS ON BEHALF OF INACTIVE ORGANIZATIONS

STATE OF _____________________ss:

COUNTY OF ____________________

__________________________, swears (or affirms) and says:

I was a member of the following inactive organization: ___________________. I hereby request disclosure of all documents captioned in or bearing the name of said organization.

                                         _____________________________
                                                  (signature)

Sworn to before me this
day of , 198_

_______________________________
                    NOTARY PUBLIC


                                              - 4 -


posted: december 12, 2004
document update: july 31, 2008
web page update: july 31, 2008


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