Nicole M. Avitabile, Esq. v. Massachusetts Bay Transportation Authority (SPR 20252725)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records September 17, 2025 SPR25/2725 Julie A. Ciollo, Esq. Assistant General Counsel Massachusetts Bay Transportation Authority 10 Park Plaza, Suite 7760 Boston, MA 02116 Dear Attorney Ciollo: I have received the petition of Nicole M. Avitabile, Esq., of Jeffrey Glassman Injury Lawyers, appealing the nonresponse of the Massachusetts Bay Transportation Authority (Authority) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On August 27, 2025, Attorney Avitabile requested the “public records related to an escalator malfunctioning at Back Bay Station in Boston, Massachusetts on or about September 2021”as follows: [1] Emails sent or received by [an identified individual]; [2] Emails sent or received by [an identified individual]; [3] Emails sent or received from any MBTA employee; [4] Emails sent or received by the MBTA to any employee of Kone, Inc.; [5] Email[s] sent or received by the MBTA to any employee from Lerch Bates; [6] All video recordings showing the annual inspection of MBTA escalator #142 on 9/25/20; [7] All video recordings showing the maintenance of MBTA escalator #142 on 7/21/21 by Kone, Inc.; [8] All video recordings showing the annual inspection of MBTA escalator #142 on 7/30/21; [9] All video recordings showing the maintenance of MBTA escalator #142 on 8/5/21 by Kone, Inc.; [10] All video recordings showing the maintenance of MBTA escalator #142 on 9/7/21 by Kone, Inc.; [11] All video recordings taken of MBTA escalator [#]142 from 4:00 pm, to 8:00 pm on 9/26/21; [12] All video recordings showing the inspection of MBTA escalator [#]142 on 9/28/21, [i]ncluding the disassembly of its braking mechanism. [13] All video recordings, reports, or documents provided by Kone, Inc. to MBTA[,] relevant to the [i]nspection of MBTA escalator [#]142 on 9/28/21, One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Julie A Ciollo Esq. SPR25/2725 Page 2 September 17, 2025 [i]ncluding the disassembly of its braking mechanism. Claiming to not yet have received a response, Attorney Avitabile petitioned this office and this appeal, SPR25/2725 was opened as a result. It is my understanding that the Authority was notified of this request on September 16, 2025. Subsequent to the opening of this appeal, I learned that the Authority intends to provide a response to Attorney Avitabile. Accordingly, the Authority is ordered to provide Attorney Avitabile with said response in accordance with the Public Records Law, its Regulations and this order within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of the response to this office at pre@sec.state.ma.us. Attorney Avitabile may appeal the substantive nature of the Authority’s response within ninety (90) days. See 950 C.M.R. 32.08(1). Sincerely, Manza Arthur Supervisor of Records cc: Nicole M. Avitabile, Esq.