HOW TO SERVE LEGAL PAPERS ON NEWSDAY

Newsday

Undisputed Legal | Process Service

Every day, the Long Island newspaper Newsday commits to delivering the community the news. Nassau and Suffolk counties on Long Island, New York, as well as the borough of Queens in New York City, get the newspaper published by Newsday LLC. Newsday, LLC also publishes the free daily amNew York — which serves commuters on Long Island and in parts of New York City– and produces and distributes the Long Island Weekly Shopper via Star Community Publishing. The company, Newsday LLC, is owned by Cablevision, a cable system operator. Although Newsday is distributed across the New York metropolitan region, it is specifically targeted towards the residents of Nassau and Suffolk counties on Long Island. Newsday’s previous tagline was ‘Newsday, Your Eye on LI.’

The circulation that Newsday has consistently provided has made it the eleventh largest circulation in the country, although it still holds the largest subscriber base among all suburban newspapers. The newspaper’s headquarters is in Melville, Suffolk County in New York. Newsday, with nineteen Pulitzer Prizes, has also been a nominee for twenty more and has accrued a reputation for non-sensationalist news.

 [1.0] NEWSDAY IN THE NEWS

Newsday has interestingly been a part of a broadening of the Freedom of Information Law precedent for requestors to seek the disclosure of documents under FOIL law. In an appellatory judgment that reversed a misconstrued view of the law, which denied the petitioner’s administrative appeal seeking disclosure of certain documents under the Freedom of Information Law and for an award of litigation costs,  the petition was then granted to the extent that the Nassau County Police department was directed to produce the requested documents for an in-camera inspection by the Supreme Court. 

It was ruled that the agency that denies access had the burden upon its shoulders to prove that the material thus requested fell well within a statutory exemption. It must be known that these exceptions are themselves narrow in scope and are read thus in order to provide greater transparency and minimize the chances of unnecessary refusal.  This would mean that the agency that has neglected to disclose these documents would in fact need to ‘articulate a ‘particularized and specific justification for denying access.’  This would mean evidence of the documents falling outside the scope of the statutory exemption, and a consequent in-camera inspection to ensure whether the exemption kicks in. However, even then, material that is sensitive is redacted and the rest disclosed. 

[2.0] NEWSDAY AND THE COLLECTION OF INFORMATION

Newsday and their service providers collect information that users provide by you using their services, particularly information like name, address, date of birth, telephone number, the website password, payment information, including account or card number, and even gender. 

If users supply Newsday with personal information about other individuals in connection with Newsday’s services, it must be noted that this indicates that they authorize the use of information in accordance with the Privacy Policy of the company by virtue of continued access to the website. As is the case with the majority of businesses that provide services online, when individuals use Newsday services or contact the company, they may passively gather some technical information from the access device. It is also to be considered that service providers and other third parties engaged in business may collect information about the user from publicly available sources and commercially available resources. 

The business may disclose information about the user to the [A.] service providers who process payments, manage marketing communications, provide technical support, conduct surveys, or perform other services for [B.] business partners for opt-in communications or who engage in interest-based advertising; and [C.] as required by law, such as to comply with a subpoena. 

[2.1] HOW TO MONITOR INDIVIDUAL PERSONAL INFORMATION AS USED BY NEWSDAY

The right to know when personal information is collected, sold, or shared is one afforded to all individuals. Any user can request to provide specific information regarding Newsday acquisition and accumulation of personal information over the last twelve months as per Process service guidelines. The types of personal information gathered often are for business or commercial purposes, or to share that personal information with third parties, including category suppliers.

In the sale of personal information, the dissemination of this data in accordance with a data portability request stems from [A,]   sales, which contains the categories of personal information that each customer purchased and [B.]  disclosures for a business purpose, which contains the categories of personal information that each customer obtained.

Any user has the right to request deletion of personal information that Newsday collected from and retained according to the Process service. This request may be subject to Process service exceptions, most notably if the personal information is retained for a reason related to the functioning of the business, such as providing goods or Services, detecting and resolving issues related to security or functionality, complying with legal obligations, conducting research in the public interest, exercising free speech or ensuring another’s exercise of free speech or even merely using the information for internal purposes that a consumer might reasonably expect.

After Newsday receives and confirms the verifiable consumer request, they will delete the personal information from their records within the time period required, unless an exception under Process service applies.

[2.2] HOW TO MAKE A REQUEST TO NEWSDAY

Personal information must be verifiable in order to adequately attest to the identity of the individual or to gauge them as an authorized representative. Newsday may need documentation such as verifying email and phone numbers, proof of identity, or sign-up authentication for more sensitive Process service information.

In the event that Newsday cannot authenticate the requestor’s identity, the request will be denied and personal information will not be given out. However, creating an account with Newsday is not required to send a verified consumer request. To prevent unauthorized and unlawful use of personal information given for the purposes of confirming the identity or authority of the requestor, Newsday is specifically only mandated to use the personal information supplied in a verified consumer request. Most requests are treated with good faith, especially if they are verifiable customer inquiries received within forty-five days after delivery according to Process service guidelines. A specific notification should be granted if Newsday requires an extension to address this request. 

It must also be known that if an individual is sending Newsday a counter-notice in response to a notice of intellectual property infringement, the same Process Service requirements for a request will apply as well as the specific counter-notice requirements as well. For a notice to be served effectively by Process service standards, it must be a written communication provided to Newsday’s designated Copyright Agent that includes information like [A.] the electronic or physical signature of the registered user; [B.] the  description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; [C.] the counter-suit initiator’s address, telephone number, and e-mail address; [D.] a statement by the individual, under penalty of perjury, that they have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and [D.]  a statement by the initiator of the suit that they consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located and that they will accept Process service from the person who provided notification of intellectual property infringement or an agent of such person.

Any disclosures given will span the twelve-month period of time prior to the request’s receipt that may be verified by the consumer. If Newsday cannot comply with any of the requests, it is necessary to provide a satisfactory explanation to the requestor. To enable the personal information to be communicated easily, it is necessary according to Process service to use a commercially acceptable format that is widely used,  although not guaranteed to use in all media. Processing a verified consumer request does not need a Process service fee unless it is exorbitant, repeated, or clearly frivolous.

[3.0] NEWSDAY SUBSIDIARIES

A. NEWSDAY CHARITIES INC

A subsidiary of the Newsday Media Group, the Newsday Charities Inc helps thousands of Long Island children and families who struggle with hunger, homelessness, abuse, and the lack of proper education. The entity filed for incorporation on 5th April 2017, in accordance with New York State law and adhering to Process service regulations.

An organization that is not for profit is an example of an organization that does not make a profit for its owners. No money received by or given to a non-profit organization is utilized for anything other than the advancement of the organization’s mission and maintenance of operations.  Non-profit organizations often are not obliged to pay taxes since they are either non-profits or public service organizations. In a non-profit organization, compensation is not divided up among the organization’s members, board members, or executive executives. Non-stock companies (or non-profit corporations) are sometimes known as not-for-profit corporations.

Most not-for-profit organizations will not be eligible for 501(c)(3) status. Non-profit 501(c)(3) organizations are the only organizations that qualify for this designation. However, non-profits are also non-profit organizations designed to assist their members. While they are tax-exempt, they cannot be 501(c) (3). The group must seek 501(c)(3) recognition from the Internal Revenue Service. Newsday Charities has been classified as a Charitable Not for Profit Corporation and is thus eligible for exemption. 

B. NEWSDAY COMMUNITY SERVICE FUND, INC.

Newsday Community Service Fund, Inc. is a business entity registered with the New York State Department of State (NYSDOS). The office address for Process service purposes is located at Nassau County. The business was initially filed on December 16, 1940.

C. NEWSDAY HOLDINGS LLC

Newsday Holdings is the publishing control for Newsday, established on July 18, 2008. It falls under Delaware jurisdiction, even though it is registered under Process Service standards.

Furthermore, since it is a foreign limited liability corporation with authorization from the Process service providers, most of the Process service guidelines will apply. The Secretary of State still charges the process service fee for Process service, but the registered agent will be responsible for receipt of service of process for this business. For Newsday Holdings, the registered agent for service is the Corporation Service Company.  The Secretary of State sent one copy of such Process service to the entity by certified mail, with return receipt requested, to the address listed in the Department of State’s records

It has been almost fifteen years since Newsday converted its website to a paid-subscriber-only format on October 28, 2009. Visitors to Newsday.com who want access to other features on the site, including the classifieds, the movie listings, and the school closings, will have to pay a charge per week. Those who subscribe to the print version of the publication as well as those who subscribe to Cablevision’s Internet service will not have to pay this charge. Non-Optimum, non-Newsday subscribers only bought into the free website for the first three months.

For more information on serving legal papers, contact Undisputed Legal our Process Service department at (800) 774-6922. Representatives are available Monday-Friday 8 am – 8 pm EST.  If you found this article helpful, please consider donating.  Thank you for following our blog, A space dedicated to bringing you news on breaking legal developments, interesting articles for law professionals, and educational material for all. We hope that you enjoy your time on our blog and revisit us!  We also invite you to check out our Frequently Asked Questions About Process Servers.

Sources

1. Principal Office for Newsday LLC
6 Corporate Center Dr

Melville, NY, 11747-4250
United States

2. Phone

(631) 843-4050

3. Altice, a Netherlands-based multinational telecoms company, bought Cablevision, including Newsday and News 12 in 2016. Altice then sold a majority (75%) stake in Newsday back to Cablevision’s former owner Charles Dolan and his son Patrick, making Patrick the CEO of Newsday Altice disposed of its remaining stake in Newsday at the end of July 2018, which, combined with Charles Dolan’s transfer of shares to son Patrick, makes Patrick the sole owner of Newsday.

4. Newsday, LLC v. Nassau County Police Department, 136 A.D.3d 828, (N.Y. App. Div. 2016)

5. Facts of the case: In 2009, Leonardo Valdez–Cruz stabbed Jo’Anna Bird to death in Nassau County. Valdez–Cruz was tried and convicted of, inter alia, murder in the first degree, and is currently serving a life sentence (see People v. Valdez–Cruz, 99 A.D.3d 738, 951 N.Y.S.2d 582). Following the murder, the Nassau County Police Department’s Internal Affairs Unit (hereinafter IAU) conducted an investigation into the circumstances leading up to Bird’s death. While the complete results of the investigation were never made public, the petition alleges that the petitioner’s newspaper reported that the investigation found that at least seven police officers failed to fully investigate domestic violence calls made by Bird in the days before her murder. In March 2012, Nassau County agreed to pay $7.7 million to settle a wrongful death action brought by Bird’s family

Issue at hand: In April 2012, Newsday made a Freedom of Information Law (Public Officers Law § 84 et seq. ; hereinafter FOIL) request to the Nassau County Police Department (hereinafter NCPD) for documents related to the ‘Bird case.’ The NCPD denied the FOIL request based, inter alia, on a determination that the requested records fell within the statutory exemption under Civil Rights Law § 50–a. In a determination dated March 12, 2013, the FOIL appeals officer of the NCPD denied the petitioner’s administrative appeal. The petitioner commenced this proceeding pursuant to CPLR article 78 to review the determination dated March 12, 2013. In a judgment entered March 13, 2014, the Supreme Court denied the petition and, in effect, dismissed the proceeding.

6. Public Officers Law § 895[e], [f]; Matter of West Harlem Bus. Group v. Empire State Dev. Corp., 13 N.Y.3d 882, 885, 893 N.Y.S.2d 825

7. Matter of Capital Newspapers Div. of Hearst Corp. v. Burns, 67 N.Y.2d 562, 566, 505 N.Y.S.2d 576

8. Newsday  may gather information about the individual in a variety of ways, including but not limited to the following:

  1. IP address
  2. Operating system
  3. Device type
  4. Device manufacturer
  5. Device identifier
  6. Browser type
  7. Content viewed 
  8. Pages viewed immediately before and after access 
  9. Which ads or content from affiliated companies are viewed, access, or click on
  10. Activities over time and across websites and apps within the Newsday network and within the network of websites and apps serviced by the ad networks, advertisers, service providers
  11. Features of Newsday services 
  12. Name and location of the Internet Service Provider

9. Copyright Agent, 6 Corporate Center Drive, Melville, NY 11747, or helpme@newsday.com.

This copyright agent will deal with intellectual property infringement notices only.

10. 17 U.S.C. Section 512(g)(3)

11.  6 CORPORATE CENTER 

DR Melville 

NY 11747-3845

12. The IRS NTEE classification code is T30, Public Foundations within the Philanthropy, Voluntarism, and Grantmaking Foundations category. The IRS ruling year for tax exemption was 2017.

13. NEWSDAY COMMUNITY SERVICE FUND, INC.

Address:550 STEWART AVE., 

GARDEN CITY, NY, United States, 11530

14. The DOS entity number is #41754

15. SECTION 802 LLC – LIMITED LIABILITY COMPANY LAW

16. CORPORATION SERVICE COMPANY

Address:80 STATE STREET, ALBANY, NY, United States, 12207 – 2543

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