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How to Appeal a FOIL Decision

A denial of access to records must be in writing, stating the reason for the denial, and advising you of your right to appeal to the head or governing body of the agency or the person designated to hear appeals by the head or governing body of the agency.

You may appeal within thirty (30) days of the denial. Upon receipt of the appeal, the Appeals Officer will independently review the withheld records and the reasons provided for withholding them and make a final determination as to whether they were improperly withheld or must be released. The Appeals Officer has ten (10) business days to fully explain in writing the reasons for further denial of access or to provide access to the records.

Copies of all appeals and the determinations must be sent by the agency to the Committee on Open Government. Public Officers Law ยง89(4)(a). This requirement enables the Committee on Open Government to monitor compliance with the law and intercede when a denial of access may be improper. Furthermore, you may seek judicial review of a final agency denial by means of a proceeding initiated under Article 78 of the Civil Practice Law and Rules.

If you would like to appeal a decision, please complete the form below.  Your completed form can be mailed or delivered in person to: ECCO FOIL Appeals Officer, 92 Franklin Street, Buffalo, NY 14202.

FOIL Request Appeal Form (for Erie County Clerk's Office only)