Questions & Answers

For a FOIL Request Denial:

•Contact the municipality or state agency to obtain the name, title, address, or email of the FOIL Appeals Officer if this information was not provided in the denial of your FOIL Request. This information may also be available on their website. Note that most FOIL Appeals are typically sent to a U.S. mail address.

•When submitting your FOIL Appeal, ensure you attach the following documents (copies only):

•The original FOIL Request

•The FOIL Request acknowledgment letter

•Any FOIL Request extension letters

•The FOIL Request denial letter

•To assist you, a fillable FOIL Appeal letter for a denial is attached.

•Use the NYS Committee on Open Government’s Advisory Opinions to strengthen your argument for why the records should be provided. You can access these opinions here: https://opengovernment.ny.gov/freedom-information-law-foil-advisory-opinions

For a FOIL Request Non-Response (Constructive Denial):

•First, verify that the time limits set by NYS FOIL have not been honored. Refer to section 1401.5 of the Committee’s regulations: https://opengovernment.ny.gov/freedom-information-law. (Holidays and weekends should not be counted as business days.)

•Contact the municipality or state agency to obtain the name, title, address, or email of the FOIL Appeals Officer. This information may also be on their website. Most FOIL Appeals are typically sent to a U.S. mail address.

•When submitting your FOIL Appeal, attach the following documents (copies only):

•The original FOIL Request

•The FOIL Request acknowledgment letter

•Any FOIL Request extension letters (if provided)

•Use the NYS Committee on Open Government’s Advisory Opinions to support your argument that the records should be provided. You can access these opinions here: https://opengovernment.ny.gov/freedom-information-law-foil-advisory-opinions

Here are some fillable forms for:

FOIL Appeal Denial

Foil Appeal Constructive Denial