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Questions & Answers

Can I Get My FOIL Request Certified?

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QUESTION

I received a FOIL request back with an answer I know is false.  Then with in the ten day limit, I requested the department head and the Town Attorney certified those answers so I know they are correct.

The Town Attorney stated she will not allow for any of my FOIL requests to be certified since it is not a law.  I know I can ask for my requests to be certified, can you point me to the section.

Answer

Section 89(3)(a) of the NY State Public officers law states:

“… the entity shall provide a copy of such record and certify to the correctness of such copy if so requested, or as the case may be, shall certify that it does not have possession of such record or that such record cannot be found after diligent search.”

A copy of the law is below.

https://opengovernment.ny.gov/system/files/documents/2023/06/oml-information-session-052423.pdf

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