The Administrative Appeal Was Filed With the Village
This is a readable public-record copy of the email that transmitted the consolidated administrative appeal and its four exhibits.
Dear FOIL Appeals Officer, Mayor Citrin, and Members of the Board of Trustees:
Attached is our consolidated administrative appeal concerning the Village’s failure to respond to two FOIL requests submitted on August 4, 2026: the Village administrative request and the Police Department request.
After reviewing the timeline, Axel Ebermann of the New York Coalition for Open Government wrote:
“Based on the timeline you provided, the Village is now past its deadline on both requests.”
He further advised:
“I would file an appeal now on both requests. There is no reason to wait until Thursday.”
Mr. Ebermann also wrote that once the appeal is received, “the Village has 10 business days to respond in writing.”
Please treat this email and the attached letter as our written administrative appeal under Public Officers Law §89(4)(a). Please confirm receipt, identify the official or body responsible for determining the appeal, and begin rolling production of all readily available responsive records.
Because the outstanding records concern the origin, factual basis, drafting, scope, and intended enforcement of the proposed law, we respectfully request that the Board adjourn the September 17 public hearing and defer any vote or other action until the Village has produced the responsive records on a rolling basis and residents have had a reasonable opportunity to review them.
If the Board proceeds on September 17, please include this appeal and all supporting exhibits in the public-hearing and legislative record and keep the hearing open until the overdue records have been produced and reviewed. We recognize that FOIL itself does not automatically require the Board to postpone the hearing; this request is made to protect an informed, transparent, and fair public process.
The five attachments are the appeal followed by its four exhibits in chronological order:
- Administrative Appeal of Constructive FOIL Denials, dated September 15, 2026
- Village Administrative FOIL Request, dated August 4, 2026
- Police Records FOIL Request, dated August 4, 2026
- Village Clerk/Records Access Officer acknowledgment, dated August 5, 2026
- New York Coalition for Open Government response, dated September 15, 2026
Respectfully,
David McFadden
Robin McFadden
28 Pepperidge Road
Tuxedo Park, New York 10987
Owner, separately assessed boathouse at 61 Turtle Point Road
mac4tux@gmail.com
(917) 576-2484
This page reproduces the sent email in a readable format. The linked PDFs are the documents transmitted with the filing.