Sec. 2150.7. Denial of access to records  


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  • (a) Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the individual or body established to hear appeals.
    (b) If requested records are not provided promptly, as required in section 2150.5(d) of this Part, such failure shall also be deemed a denial of access.
    (c) The following person or persons or body shall hear appeals for denial of access to records under the Freedom of Information Law:
    Counsel, New York State Housing Finance Agency
    3 Park Avenue
    33rd Floor
    New York, NY 10016
    (212) 736-4949
    (d) The time for deciding an appeal by the individual or body designated to hear appeals shall commence upon receipt of a written appeal, identifying:
    (1) the date of the appeal;
    (2) the date and location of the requests for records;
    (3) the records to which the requester was denied access;
    (4) whether the denial of access was in writing or due to failure to provide records promptly as required by section 2150.5 of this Part; and
    (5) the name and return address of the requester.
    (e) The individual or body designated to hear appeals shall inform the requester of its decision, in writing, within seven business days of receipt of an appeal.
    (f) The person or body designated to hear appeals shall transmit to the Committee on Public Access to Records copies of all appeals upon receipt of appeals. Such copies shall be addressed to:
    Committee on Public Access to Records
    Department of State
    162 Washington Avenue
    Albany, NY 12231
    (g) The person or body designated to hear appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to:
    Committee on Open Government
    Department of State
    One Commerce Plaza
    99 Washington Avenue
    Albany, New York 12231