N.Y. Comp. Codes R. & Regs. Tit. 1 § 360.7 - Denial of access to records
(a) Any
denial of access shall be in writing stating the reason therefor and advising
the requester of his right to appeal to the individual designated to hear
appeals.
(b) The Director of
Administration, James Burnes, who is located at the main address of the
department, is hereby designated to hear appeals from a denial of access to
records. His number is (518) 457-2737.
(c) Any failure to provide requested records
within five days of receipt of request, as set forth in this Part, shall be
deemed a denial of access by the department.
(d) Any person denied access may appeal
within 30 days of such denial to the aforementioned person designated to hear
appeals.
(e) The time for deciding
an appeal shall commence upon receipt, by the individual designated to hear
appeals, of a written appeal identifying:
(1)
the date of the request for records and to whom their questions were
sent;
(2) the specific records to
which the requester was denied access;
(3) the name and address of the appellant;
and
(4) a copy of any written
denial should accompany the appeal.
(f) The individual designated to hear appeals
shall inform the appellant and the commission on public access to records of
the determination on the appeal in writing within seven business days following
the day of receipt of an appeal.
(g) A final denial of access to a requested
recorded, 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 Laws and
Rules.
Notes
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