I filed a FOIL request with the New York State Department of Health on January 6 for the full contract between Public Partnerships LLC and the Department related to the Consumer Directed Personal Assistance Program. The request was acknowledged the same day.
On January 15, having heard nothing further, I wrote to say that more than five business days had passed without the record, or a written acknowledgement together with a reasonable approximate date when I would receive it, as required under Section 89(3)(a) of FOIL. That day I was told a determination would be reached in approximately 20 business days, on February 4.
On February 6 I received a message saying the Department is still processing the request, that the office receives between 500 and 700 FOIL requests per month, and that a response will be forthcoming as soon as the process is complete. It does not give me a new date, which violates the law. What are my appeal options? Can you help me write an appeal letter?
Unfortunately, what you are pointing out is a common occurrence.
You can file an appeal. The document linked below provides a sample appeal letter. You will have to find out who the FOIL Appeals Officer is for this agency.
Committee on Open Government guide, including a sample appeal letter (PDF)
