Request Records Through The New York State Freedom of Information Law (FOIL)

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Overview

The Freedom of Information Law (“FOIL”), Article 6 (Sections 84-90)Link to External Website of the NYS Public Officers Law, provides the public right to access records maintained by government agencies with certain exceptions.

“Record” means any information kept, held, filed, produced or reproduced by, with, or for this agency, in any physical form whatsoever including, but not limited to, reports, statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets, forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or disks, rules, regulations or codes.

Learn more about records access and Open FOIL NY.Link to External Website

Request Records

Use the Open FOIL NY online form

Mail a written request to:

Caitlin Goss
Records Access Officer
New York State Division of the Budget
Room 128, State Capitol
Albany, NY 12224
Phone: (518) 474-6300

E-mail a written request to:

foil@budget.ny.gov

Fax a written request to: (518) 474-1309

Submit a request for records in person:

You can submit a written request for records in person, by appointment, on business days between 9:00 a.m. – 5:00 p.m. Monday through Friday, at the Division of the Budget, State Capitol, Albany, New York. You may schedule an appointment to bring in the written request for records by contacting us (518) 474-6300 or foil@budget.ny.gov. Please be advised records require review prior to disclosure. As a result, documents and records will not be immediately available.

FOIL Process

Within five business days of the receipt of a written request for a record reasonably described, we will send you a letter either: making such record available; denying such request in writing; or furnishing a written acknowledgment of the receipt of such request.  If you have not received a letter within five business days, please contact us at (518) 474-6300 or foil@budget.ny.gov.

An acknowledgment letter will provide you with an estimate of when the records you request will be available, which shall be reasonable under the circumstances of the request. This date is determined by the number of documents you request, their format, their availability, the time it takes to redact any information that cannot be disclosed pursuant to FOIL, the time it takes to assemble the documents, and other factors.

If the records you request require a fee to be paid, you will be notified prior to the records being released to you. Unless a different fee is otherwise prescribed by statute, Public Officers Law §87(1) authorizes an agency to charge a fee of 25¢ per copy for copies of records up 9"x 14", or the actual cost of reproducing a record. In determining the actual cost of producing a record, an agency may include only:

  • an amount equal to the hourly salary attributed to the lowest paid agency employee who has the necessary skill required to prepare the requested record(s), if at least two hours of agency employee time is needed to prepare a copy of the record(s) requested;
  • the actual cost of the storage devices or media provided to the person making the request in complying with such request; and
  • the actual cost to the agency of engaging an outside professional service to prepare a copy of a record, but only when an agency’s information technology equipment is inadequate to prepare a copy, if such service is used to prepare the copy.

Once the requested records are prepared, you may receive the records via email, fax, paper, CD/DVD, or USB.

Upon appointment, public records maintained by the Division of the Budget are available for inspection or copying on weekdays by appointment between the hours of 9:00 a.m. and 5:00 p.m. at a location within the offices of the New York State Division of the Budget, Albany, NY. You may schedule an appointment for in-person inspection of records by calling (518) 474-6300.

Right to Appeal

Under provisions of the Public Officers Law you may appeal a FOIL determination.  If you desire to submit such an appeal, you must do so within 30 days of the written response to your FOIL request. Please include a copy of the original request for records and a copy of the FOIL response letter you received along with your appeal letter to:

Amy Ottaviano
Counsel
New York State Division of the Budget
Room 128, State Capitol
Albany, NY 12224

We also accept appeals via the FOIL inbox, foil@budget.ny.gov.

You will be informed in writing of the decision within ten business days of our receipt of such an appeal.  Please indicate the FOIL Request Number when corresponding on this subject.

Subject Matter List

The following is a current list of records, by subject matter, that are maintained by this agency.  Some of the listed records may be exempt from disclosure pursuant to the Freedom of Information Law.

Division of the Budget Subject Matter List (PDF)

Helpful Tips

For more information about FOIL, please visit the New York State Committee on Open Government’s websiteLink to External Website.

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