Getting Public Records
Pub. Off. Law § 89 — an answer within five business days, and an appeal within thirty days of a denial
Five business days. Within five business days of receiving a written request for a record reasonably described, an agency makes the record available, denies the request in writing, or acknowledges it in writing with an approximate date, reasonable under the circumstances, when it will be granted or denied.
An agency may not deny a request as voluminous or burdensome for lack of staff when an outside service could do the work. An agency with the means accepts requests by email and answers by email. If a granted request cannot be filled within twenty business days of the acknowledgement, the agency says why in writing and gives a date certain.
Thirty days to appeal. A person denied access may appeal in writing within thirty days to the head or governing body of the entity, which within ten business days either explains the further denial in writing or provides the record. A missed deadline counts as a denial. A court can then review the denial, and the agency has to prove the record falls within an exception.
A court may award attorney's fees and costs when the requester substantially prevails and the agency missed a deadline, and must when it also finds the agency had no reasonable basis for denying access.
Sources for this section (1)
- Pub. Off. Law § 89 — General provisions relating to access to records; certain cases
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.