N.Y. Comp. Codes R. & Regs. tit. 21 § 2700.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 2700.7 - Denial of access to records

(a) Denial of access to records shall be in writing stating the reason therefor and advising the requester of the right to appeal to the individual to hear appeals.

(b) If requested records are not provided promptly, as required in section 2700.2(b) of this Part, such failure shall also be deemed a denial of access.

(c) The following person shall hear appeals for denial of access to records under the Freedom of Information Law: The Public Authorities Control Board.

(d) The time for deciding an appeal by the individual designated to hear appeals shall commence upon receipt of written appeal identifying:

(1) The date of the appeal.

(2) The date and location of the requests for records.

(3) The records to which the requester was denied access.

(4) Whether the denial of access was in writing or was by failure to provide records promptly as required by section 2700.2(b) of this Part.

(5) The name and return address of the requester.

(e) The individual designated to hear appeals shall inform the requester of his or her decision in writing within seven business days of receipt of an appeal.

(f) A final denial of access to a requested record, as provided for in subdivision (e) of this section, shall be subject to court review, as provided for in article 78 of the Civil Practice Law and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 2700.7