How do I file a public records request in New York?

1. Statute. New York Freedom of Information Law (FOIL), Pub. Off. Law §§ 84-90. Construed liberally; exemptions construed narrowly.

2. Who Can Request. Any person—no residency requirement.

3. Form of Request. Written (mail, fax, or email). Many agencies provide online portals. Must reasonably describe the records.

4. Agency Response Deadline. Acknowledge within 5 business days of receipt (§ 89(3)(a)). The agency must then grant or deny within a reasonable period; if more than 20 business days are needed, the agency must provide a written explanation and date certain by which the request will be addressed.

5. Fees. Up to $0.25 per page for copies up to 9"x14" (§ 87(1)(b)(iii)). For larger or specialized formats, actual cost of reproduction. No search fees for the first 2 hours; preparation fees allowed for requests requiring more than 2 hours (§ 87(1)(c)).

6. Exemptions. § 87(2): specifically exempted by state/federal law, personal privacy, interagency/intra-agency materials (deliberative process), trade secrets, law enforcement records that would interfere with investigations, attorney-client privilege, attorney work product, examination questions.

7. Redaction. Agency must redact exempt material and release the remainder (§ 89(2)).

8. Denial & Appeal. Written denial must cite specific exemption. Administrative appeal to the agency head or designated FOIL appeals officer within 30 days; appeals officer must decide within 10 business days (§ 89(4)(a)).

9. Court Action. CPLR Article 78 proceeding in Supreme Court (§ 89(4)(b)). Committee on Open Government issues non-binding advisory opinions.

10. Penalties. No criminal penalty. Court may award attorney fees if the requester substantially prevailed and the agency had no reasonable basis for denial (§ 89(4)(c)).

This is legal information, not legal advice.