N.Y. Comp. Codes R. & Regs. tit. 4 § 80.10

Current through Register Vol. 46, No. 45, November 2, 2024

Section 80.10 - Appeals

(a) Any person whose application to inspect and/or copy records has been denied may appeal within 30 days of such denial to the administrative director at his office at the State Office Building Campus, Albany, New York. Such appeal must be in writing and must set forth: The name and return address of the requester; the date and location of the requests for records; the specific records to which the requester was denied access; the reasons given for such denial; and whether the denial of access was in writing or is considered to be a denial because of failure of the department to respond promptly to a request for records.

(b) The administrative director shall, upon receipt of an appeal in compliance with this section, review the request for access to records of the department and affirm, modify or reverse the denial. The administrative director shall inform the requester of the decision with regard to an appeal within seven business days of the receipt of a properly filed appeal, and of his right to appeal such decision pursuant to article 78 of the Civil Practice Law and Rules.

(c) Copies of all appeals and the determinations thereon shall be immediately forwarded to:

The Committee on Open Government

Department of State

162 Washington Avenue

Albany, NY 12231

N.Y. Comp. Codes R. & Regs. Tit. 4 § 80.10