# FREEDOM OF INFORMATION LAW REQUEST

**[NY][FOIL] Request for Records Pursuant to Public Officers Law Section 87**

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## ⚠️ BEFORE USING THIS TEMPLATE

### When to Use FOIL Request

**USE this template when:**
- You need records held by a NY state/local government agency or court
- You have made informal request and need formal statutory process
- You need to establish official timeline and appeal rights
- Agency has denied informal access or not responded
- You need records for litigation, accountability, or public interest purposes

**DO NOT use this if:**
- Records are already publicly available online
- You need urgent access (FOIL has 20+ day timeline)
- This is a federal agency (use FOIA instead)
- An appeal or subpoena is the proper remedy for your case
- You're seeking records exempt from disclosure (personal medical, ongoing investigation, etc.)

**Appropriate example:** Requesting court orders and transcripts from your case that aren't in NYSCEF; agency denied informal email request.

**Inappropriate example:** Requesting opposing party's personal medical records (use discovery subpoena).

### Preparation Steps

**Before filing FOIL request:**

1. **Check if records are already public** (NYSCEF, agency website, public reading room)
2. **Make informal request** (email/call to clerk or agency first)
3. **Be specific** about what you want (dates, case numbers, document types)
4. **Identify correct custodian** (which agency/court department has the records)
5. **Consider costs** (agency may charge for copies; request fee waiver if applicable)

**Document everything:** Keep copies of informal requests and responses for appeal if needed.

### Resource Requirements & Timeline

⚠️ **Important Considerations:**

- **Timeline:** 5 business days for acknowledgment; 20 business days for response (or explanation of delay)
- **Cost:** Typically $0.25/page for copies; may request fee waiver for public interest
- **Success rate:** High for clearly public records; low for exempt materials
- **Response options:** Grant access, partial grant with redactions, or denial with explanation
- **Appeal rights:** 30 days to appeal denial to agency head, then Article 78 to court
- **What this achieves:** Legal access to public records; creates record for Article 78 if denied

**Alternatives to consider:**
- **Informal request first:** Often faster and free (email clerk or agency)
- **Court motion:** If you need records for pending case (e.g., motion to compel clerk)
- **Subpoena:** For records in litigation discovery
- **Federal FOIA:** If records are federal (5 U.S.C. §552)

**Best practice:** Start with informal request; use FOIL for formal timeline and appeal rights if denied.

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**TO:** {{Records Access Officer / Agency Head}}<br>
{{Agency/Court Name}}<br>
{{Address}}

**FROM:** {{Your Name}}<br>
{{Your Address}}<br>
{{Email}}<br>
{{Phone}}

**DATE:** {{Date}}

**RE:** Freedom of Information Law Request

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## REQUEST FOR RECORDS

Pursuant to the New York Freedom of Information Law (Public Officers Law Section 87) and implementing regulations, I hereby request access to and copies of the following records:

### RECORDS REQUESTED

{{Specific description of records - Be as specific as possible. Include:
- Type of document (orders, transcripts, correspondence, emails, etc.)
- Date range
- Parties involved
- Case/matter number if applicable
- Any other identifying information}}

**Example:**
"All court orders, decisions, and transcripts related to Matter of {{Caption}}, Index No. {{Number}}, dated between {{Start Date}} and {{End Date}}, including but not limited to:
- Written orders on Motion Nos. 3, 5, and 7
- Transcripts of proceedings on {{dates}}
- Correspondence between court and parties
- Docket sheets and minute entries"

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## FORMAT REQUESTED

Please provide the requested records in {{electronic format (PDF) / paper copies / opportunity to inspect originals}}.

If electronic format is available, please email records to: {{email address}}.

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{{#if fee_waiver}}
## FEE WAIVER REQUEST

I request a waiver of all fees associated with this request pursuant to Public Officers Law Section 87(1)(b)(iii) and 21 NYCRR Section 1401.9, on the grounds that:

{{Reason for waiver - e.g., "disclosure is in the public interest" / "requester cannot afford fees" / "records relate to ongoing litigation affecting requester's rights"}}

Public disclosure of these records would primarily benefit the general public by {{specific public benefit}}.

{{/if}}

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## STATUTORY TIMELINE

Pursuant to Public Officers Law Section 89(3):

1. **Acknowledgment:** You must acknowledge receipt of this request within five (5) business days.

2. **Response:** You must grant or deny access within twenty (20) business days of acknowledgment (or provide explanation for delay and reasonable date for response).

3. **Appeal:** If access is denied, I may appeal to {{head of agency}} within thirty (30) days.

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## LEGAL BASIS

**Public Officers Law Section 87(2):**
> "Each entity subject to the provisions of this article... shall make available for public inspection and copying all records, except that such entity may deny access to records or portions thereof that... [enumerated exceptions]."

**Applicable to:**
- State agencies (Public Officers Law Section 86(3))
- Municipal corporations and local government entities
- Courts (22 NYCRR Section 216.1 for court records)

**Exemptions:**
If you determine that any portion of the requested records is exempt from disclosure, please:
1. Identify the specific exemption claimed (Public Officers Law Section 87(2)(a)-(i))
2. Provide factual basis for exemption
3. Redact only the exempt portion and provide remainder

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## CONTACT INFORMATION

Please direct all correspondence regarding this request to:

{{Your Name}}
{{Address}}
{{Email}}
{{Phone}}

I am available to discuss this request and clarify the scope if needed.

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## CERTIFICATION

I certify that I am making this request for lawful purposes and that the information will not be used for commercial solicitation purposes in violation of Public Officers Law Section 89(2)(b).

_________________________
{{Your Signature}}
{{Your Name}}

Dated: {{Date}}

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**Authority:**
- Public Officers Law Article 6 (Section 84-90) (Freedom of Information Law)
- 21 NYCRR Part 1401 (implementing regulations)
- 22 NYCRR Section 216.1 (access to court records)
- Public Officers Law Section 89(3) (response timeline)
- Public Officers Law Section 89(4)(a) (administrative appeal)

**If Request is Denied:**
- Appeal to head of agency within 30 days (Public Officers Law Section 89(4)(a))
- Judicial review under Article 78 (Public Officers Law Section 89(4)(b))

**Note:** For court records, also check CPLR Section 5017(b) (clerk's duty to provide access) and local court rules.