Appeal a Written Denial (Sample Letter)

Name of Agency Official
Appeals Officer
Name of Agency
Address of Agency
City, NY, ZIP code


            Re: Freedom of Information
              Law Appeal
Dear __________:
    I hereby appeal the denial of access regarding my request, which was made on __________ (date) and sent to __________ (records access officer, name and address of agency). 
    The records that were denied include:_______________ (describe the records that were denied to the extent possible and, if possible, offer reasons for disagreeing with the denial, i.e., by attaching an opinion of the Committee on Open Government acquired for its website). 
    As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.
    In addition, please be advised that the Freedom of Information Law directs agencies to send
 all appeals and the determinations that follow to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, New York 12231.

           Sincerely,
           Signature
           Name
           Address
           City, State, ZIP code


Appeal A Denial due to an Agency’s Failure to Respond in a Timely Manner (Sample)

FOIL Appeals Officer
Name of Agency
Address of Agency
City, NY, ZIP code

          Re: Freedom of Information
              Law Appeal

Dear __________:
   
      I requested (describe the records) by written request made on __________ (date). More than five business days have passed since the receipt of the request without having received a response… or… Although the receipt of the request was acknowledged and I was informed that a response would be given by __________ (date), no response has been given. Consequently, I consider the request to have been denied, and I am appealing on that basis.
      As required by the Freedom of Information Law, the head or governing body of an agency, or whomever is designated to determine appeals, is required to respond within 10 business days of the receipt of an appeal. If the records are denied on appeal, please explain the reasons for the denial fully in writing as required by law.
    In addition, please be advised that the Freedom of Information Law directs agencies to send all appeals and the determinations that follow to the Committee on Open Government, Department of State, One Commerce Plaza, 99 Washington Ave., Albany, New York 12231.

           Sincerely,
           Signature
           Name
           Address
           City, State, ZIP code