Police Incident Report Number 19-19042 for March 24, 2019 stabbing incident
Dear Passaic City,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
Police incident report number 19-19042
Yours faithfully,
Anthony Pellegrino
Senior Casualty Adjuster
Engle Martin & Associates
85 Broad Street, Suite 17-053
New York, NY 10004
Amada D. Curling, RMC
City Clerk
973-365-5584 Fax: 973-365-0115
PUBLIC RECORDS REQUEST RESPONSE
TO: ANTHONY PELLEGRINO
DATE: November 21, 2019
OPRA: 1162
In response to your Public Request Re: Police Incident Report Number
19-19042 for March 24, 2019 stabbing incident
As per Passaic Police Department Records Bureau Command, This request
cited both OPRA and Common Law. Again, under discovery, this file was
already forwarded back on 7.15.2019. Under OPRA, since it is a "Criminal
Investigatory Record", it falls outside of what is allowable to be
released. For this reason, this request is denied. Under Common Law, with
the limited information I have been given, the requester has not shown a
nexus to the report being sought. For this reason, it is also denied under
Common Law. The requester may have to submit a new Discovery Request
through the proper, legal avenues available.
Please be advised, your OPRA No. 1162 is complete.
Thank you!
You have a right to appeal the decision that the document or documents are
not public records. You may take your appeal to the Government Records
Council or to the New Jersey Superior Court, as provided by N.J.S.A.
47:1A-1 et seq. A statement of the procedures for the appeal is attached
to this notification.
__________
________________________________
Date Municipal Clerk,
Amada D. Curling
ACKNOWLEDGMENT
I hereby acknowledge that I have received the documents requested except
for any documents specifically listed above on which a determination has
been made that the documents will not be provided. If any documents have
not been provided, I have received information on the procedures for any
appeal of the determination.
__________
________________________________
Date
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City Clerk's Office
330 Passaic Street
Passaic, New Jersey 07055
Telephone: 973-365-5584
Fax: 973-365-0115
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