FOIL AO 19766
From: Bewlay, Shoshanah (DOS) <Shoshanah.Bewlay@dos.ny.gov>
Sent: Tuesday, January 21, 2020 10:53 AM
Cc: dos.sm.Coog.InetCoog <dosCOOG@dos.ny.gov>
Subject: RE: FOIL Response Mr. :
Based upon the FOIL regulations of the COOG, 21 NYCRR PART 1401.5(e)(7) (which you can access here):
A failure to comply with the time limitations described herein shall constitute a denial of a request that may be appealed. Such failure shall include situations in which an agency: . . . responds to a request, stating that more than twenty business days is needed to grant or deny the request in whole or in part and provides a date certain within which it will do so, but such date is unreasonable under the circumstances of the request.
It appears from your correspondence that you and the Inspector General disagree on the reasonableness of the date by which the agency intends to provide a response to your FOIL request. On these facts, the cited COOG FOIL regulation provides that you may file an appeal and seek production of responsive material or the Inspector General’s explanation of why the date selected by the agency is reasonable under the circumstances.
Thank you for your inquiry.
Executive Director, Committee on Open Government
New York State Department of State
99 Washington Avenue, Suite 650, Albany, NY 12231-0001