BRACEWELL &GIUUANI

New York

David Ball

Connecticut
Texas Washlnston, DC Ka;::akhstan London
212.508.6133 Office 212.938.3834 Fax david.ball@bgllp.com

Bracewell & GluUani LLP 1251 Avenue oflhe Americas New York, New Volt. 100201104

July 22, 2010 By FedEx Anthony Fanner Records Access Officer New York State Office of Temporary and Disability Assistance 40 North Pearl, 16th floor Albany, New York 12243 Re: FOIL Request Related to Bowery Residents' Committee, Inc.

Dear Mr. Fanner: Weare in receipt of the records that you produced in response to our original New York State Freedom of Infonnation Law ("FOIL") request, dated June 18, 2010, and thank you for your timely attention to our request. As you may recall, that request sought documents related to Bowery Residents' Committee, Inc. 's ("BRC") relocation of certain of its New York State Office of Temporary and Disability Assistance ("OTDA") licensed and certified programs to a facility at 127-131 West25th Street in Manhattan (BIN# 1015006, Block 801, Lot 21). In light of the materials that OTDA produced, as well as public statements made by BRC concerning OTDA's authority over certain of its programs, we hereby submit this second request pursuant to Public Officers Law 84 et seq. for the production, or copying and inspection, of the below-listed documents, which are believed to be in the possession, custody or control of OTDA. Please note that this request is not limited to the 127-131 West 25th Street relocation. However, if OTDA has received any documents related to the BRC relocation, as described in our June 18th FOIL Request, since its July 20th production, please consider this a request for those records as well.
I. All applications or proposals, whether for licenses, operating certificates or otherwise, as well as all plans, forms, RFP responses, draft or final contracts, letters of intent, memoranda of understanding or other documents related to BRC or any BRC Affiliate (as defined below) that were submitted to OTDA, whether directly or indirectly, by:

NEWYORJ(\$9126.2

&.GIULIANI
FOIL Request July 22, 2010 Page 2 (i)
(ii)

BRACEWELL

BRC; any of BRC's subsidiaries or affiliates, including, but not limited to, Continuing Day Treatment, Food Service Program, Fred Cooper Substance Abuse Services Center,. Home-Based Case Management, Metropolitan Apartment Program, Boulevard Residence or Reception Center (collectively, "BRC Affiliates"); the New York City Department of Homeless Services ("DHS"); the New York City Department of Health and Mental Hygiene ("DHMH"); the New York State Office of Alcoholism and Substance Abuse Services ("OASAS"); the New York State Office of Mental Health ("OMH"); the New York State Department of Health ("DOH"); Dan Shavolian, the owner of 127-131 West 25th Street; or any of Mr. Shavolian's companies, including, but not limited to, 127 West 25th LLC or Foremost Real Estate LLC.

(iii) (iv) (v) (vi) (vii) (viii) (ix)

2. All approvals, denials or modifications related to any documents listed in Request No. 1 that are in OTDA's possession, custody or control, whether issued by OTDA or any other agency, including, but not limited to, DHS, DHMH, OASAS, OMH or DOH. 3. All certifications, authorizations, licenses, operating certificates, contracts, decisions or awards related to BRC or any BRC Affiliate that are in OTDA's possession, custody or control, whether issued by OTDA or any other agency, including, but not limited to, DRS, DHMH, OASAS, OMH or DOH. 4. All RFPs, RFP decisions or RFP awards related to BRC or any BRC Affiliate that are in OTDA's possession, custody or control, whether issued by OTDA or any other agency, including, but not limited to, DHS, DHMH, OASAS, OMH or DOH.

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FOIL Request July 22, 2010 Page 3

5. All communications, correspondence, memoranda, letters, e-mails, facsimiles or electronic documents, as well as all attachments thereto, related to Request Nos. 1-4 that are in OTDA's possession, custody or control, whether issued by OIDA or any other agency, including, but not limited to, DHS, DHMH, OASAS, OMH or DOH. 6. All documents and communications, including electronic documents and e-mails, related to any funding, whether in the form of cash, loan, rent or mortgage reimbursement or otherwise, provided by OIDA to BRC, any BRC Affiliate, Dan Shavolian or any of Mr. Shavolian's. companies, or to DHS, DHMH, OASAS, OMH or DOH or any other agency for the purpose of funding BRC, any BRC Affiliate, Dan Shavolian or any of Mr. Shavolian's companies. Thank you for your prompt attention to this FOIL request. Please contact me with any questions. Sincerely, Bracewell & Giuliani LLP

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David J. Ball

NEWYORJ(IS9126.2

STATE OF NEW YORK OFFICE OF TEMPORARY AND DISABIUTY ASSISTANCE 40 NORTH .PEARL STREET ALBANY, NEW YORK 12243-0001
David A. Paterson
Go\'ernor

June 21, 2010 Mr. David Ball Bracewell & Giuliani 1251 Avenue of the Americas 49th Floor New York, NY 10020 FOILs Request Number: 10-158

Dear Mr, Ball: This will acknowledge receipt of your letter dated June 18,2010 requesting information. We will try to provide the material you requested in approximately 20 working days from the date on this letter. If the material is available, you will be notified whether or not there is a photocopying fee. Please Note: If the material requested is over. 10 pages there will be a fee of $.25 per page. If you are unwilling to pay these fees, please contact me via telephone at (518) 474-9516 or e-mail atnyspio@otda.state.ny.us. In all future correspondence, please be sure to refer to the FOILs Request Number listed above. Sincerely,

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Anthony Farmer Records Access Officer