NEW YORK CITY -- Department of Transportation POLLY Commissioner July 14, 2014 Mariko Hirose Staff Attorney New York Civil Liberties Union 125 Broad Street New York, NY 10004 Re: Appeal of FOIL Request #2014-01941 Dear Mariko Hirose: This is in response to your letter received on June 26, 2014 appealing the constructive denial of your Freedom of Information Law (Public Of?cer?s Law ?84 et seq., request for 10 categories of records relating to ?electronic readers that have the capability of detecting E?ZPass tags?. Upon review of the ?le, the enclosed documents were identi?ed as being responsive to items your request. Additionally, travel-time data collected from such readers may be obtained here: midtown/ezpass Finally, no responsive documents were found with respect to items 4, 6, 7, and 8 of your request. Pursuant to ?89(3) of FOIL, an agency is not required to ?prepare any record not possessed or maintained? by such agency. Therefore, your appeal is granted in part and denied in part. Please forward a check to the FOIL Of?ce, 55 Water Street, 4th Floor, New York, NY 1004] made payable to the New York City Department of Transportation in the amount of $88.00 for copying fees of the responsive documents enclosed. Judicial review of this may be obtained in a proceeding under Article 78 of the Civil Practice Law and Rules commenced within four months from this determination. Very truly yours, . N. Patricia Browne FOIL Appeals Of?cer Enclosures CC: FOIL COOG GCO-14-246