Welcome to MuckRock's New York Freedom of Information Law appeal guide!

Each entry provides background and context about an exemption to the public records laws in all fifty states, as well as federal FOIA. Read more about New York's public records law or explore all our expert FOIA guides. Have a public records appeal or information on an exemption we should include? Consider sharing your knowledge with everyone by donating your FOIA appeal language.

Constructive Denial

This guide is for informational purposes only, is general in nature, and is not legal opinion nor legal advice regarding any specific issue or factual circumstance.

There is no legal basis for an agency being completely unresponsive.

Example Appeals

New York Freedom of Information Law N.Y. Pub. Off. Law Ch. 47 Art. 6 § 87(b) specifically requires that an agency provide a response to a public records request within 5 business days of receipt of that request.

By failing to respond to this request within the legally-mandated timeframe, this agency is in violation of the law.

Please provide acknowledgement of this request and the responsive materials forthwith. If such materials cannot be produced, please provide an appropriate explanation for this rejection, as is dictated by this agency's legal obligations under the New York Freedom of Information Law. Your accelerated attention to this matter will be greatly appreciated.

Proper Use

An agency has 5 business days to respond to the initial request.

Improper Use

According to the New York Freedom of Information Law “3. (a) Each entity subject to the provisions of this article, within five business days of the receipt of a written request for a record reasonably described, shall make such record available to the person requesting it, deny such request in writing or furnish a written acknowledgment of the receipt of such request and a statement of the approximate date, which shall be reasonable under the circumstances of the request, when such request will be granted or denied, including, where appropriate, a statement that access to the record will be determined in accordance with subdivision five of this section.“

Key Citations

N.Y. Pub. Off. Law Ch. 47 Art. 6 § 87(b)