N.Y. Comp. Codes R. & Regs. tit. 21 § 750.7

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

Section 750.7 - Denial of access to records

(a) Denial of access to records shall be in writing stating the reason therefore and advising the requester of the right to appeal to the individual or body established to determine appeals.

(b) If requested records are not provided promptly, as required in section 750.5(d) of this Part, such failure shall also be deemed a denial of access.

(c) The following person shall determine appeals regarding denial of access to records under the Freedom of Information Law:

Title	Bus. Address	Phone #
Executive Vice President	Hudson River Park Trust Pier 40, 2nd Floor West Street at West Houston Street New York, NY 10014	(212) 627-2020

(d) The time for deciding an appeal by the individual or body designated to determine appeals shall commence upon receipt of a 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 due to failure to provide records promptly as required by section 750.5(d) of this Part; and

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

(e) A failure to determine an appeal within 10 business days of its receipt by granting access to the records sought or fully explaining the reasons for further denial in writing shall constitute a denial of the appeal.

(f) The individual or body designated to determine appeals shall inform the requester of a decision in writing within 10 business days of receipt of an appeal.

(g) The person or body designated to determine appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to: Committee on Open Government, Department of State, 41 State Street, Albany, NY 12231.

(h) The person or body designated to determine appeals shall inform the appellant and the Committee on Open Government of its determination in writing within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in subdivision (g) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 750.7