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The Freedom of Information Law (Public Officers Law, Article 6) says government records are public unless the agency can show a specific reason to withhold them. Here is how to use it.
Every agency covered by FOIL, from state departments down to villages, school districts, fire districts and public authorities, has to name a Records Access Officer and post how to reach that person. Look for "FOIL" or "Records Access" on the agency's website. For a town or village it is usually the clerk. For a school district it is often the district clerk. State agencies have dedicated FOIL units. If you cannot find it, call the main number and ask who handles FOIL requests.
Sending your request to a board member, the mayor's office or a general inbox does not reliably start the clock. Send it to the Records Access Officer.
FOIL gives you records that already exist. It does not require anyone to answer questions, explain a decision or compile something new. Before you write, check whether the record is already posted: minutes, budgets, contracts, audits and resolutions often are. Then describe the record the way the agency would file it: the type of document, the office that holds it and a date range.
Works: "All emails between the Mayor and representatives of Acme Development about the Main Street project, January 1 through June 30, 2026." Does not work: "Everything about Main Street."
Email is fine. An agency that uses email has to accept FOIL requests by email and, if you ask, answer by email (§89(3)(b)). Put "FOIL Request" in the subject line. Save the sent message and write down the date. The deadlines run from the day the agency receives it. You do not have to say why you want the records, and the agency is not supposed to ask.
Within five business days the agency must do one of three things: give you the records, deny in writing, or acknowledge receipt and give an approximate date, within 20 business days, when it will grant or deny the request. If it needs more than 20 business days, it has to explain why in writing and give a date certain that is reasonable under the circumstances (§89(3)(a)).
Silence past five business days counts as a denial you can appeal. So does an acknowledgment that keeps getting pushed back without a reason and a firm date (§89(4)(a)).
You have 30 days from a denial to appeal to the head of the agency or whoever it designates to decide appeals. A written denial has to tell you who that is. The agency must decide within ten business days and must send a copy of your appeal and its decision to the Committee on Open Government in Albany. If the appeal is denied or ignored, the next step is an Article 78 proceeding in State Supreme Court, which has to be started within four months. Courts can award attorney fees when you substantially win and the agency either had no reasonable basis for withholding the records or missed its deadlines (§89(4)(c)).
Most denials are written by a clerk. The appeal is usually the first time someone with legal training looks at the request. Appeal.
What we have learned from years of filing requests and reading the denials that come back.
Pick the situation, fill in the blanks, and the letter updates as you type. Copy it into an email, or download it as a Word or PDF file if you plan to mail or hand-deliver it.
FOIL counts business days: Monday through Friday, skipping New York State holidays. Enter a date and the calculator does the counting. Local governments sometimes observe a slightly different holiday list, so treat the result as a day or so of margin, not a court filing deadline.
The state's Committee on Open Government issues written advisory opinions on FOIL disputes, free of charge, and has thousands of them online. An opinion is not binding, but agencies and judges pay attention to them. Search the archive for your situation and attach the closest match to your appeal, or write to the Committee and ask for one.
opengovernment.ny.gov →An Article 78 proceeding asks a State Supreme Court judge to order the agency to release the records. You can file one yourself, though a lawyer helps, and the law now lets the court make the agency pay your attorney fees in many cases. The Coalition tracks these cases and sometimes supports them. If an agency has stonewalled you, we want to hear about it.
Contact the Coalition →About this tool. The letter is built inside your browser. Nothing you type is sent to the Coalition or to anyone else, and nothing is saved when you close the page. The templates are adapted from the Committee on Open Government's sample letters and updated for how requests are actually filed today.
Not legal advice. The New York Coalition for Open Government is a nonprofit advocacy group, not a law firm. Everything on this page is general information. It is not legal advice for your situation and does not create an attorney-client relationship.
