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Although this version of a FOIL request is perhaps far more elaborate than necessary, it has worked well and has avoided the imposition of any photocopying fees or other charges. It can also be adapted for use with other state or local agencies.
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Dear Ms. Berner:
I make this Freedom of Information Law (FOIL) request, pursuant to Public Officers Law § 84 et seq., 18 NYCRR Part 340 and 21 NYCRR Part 1401, for the following records:
1.
x.
x.
x. In the alternative, if any of the documents described in ¶¶ 1-x above are no longer in your agency's possession, all records pertaining to the disposition of such documents, including but not limited to the date of destruction or transfer of such documents to another entity, such as the State Archives Center. See Arts and Cultural Affairs Law article 57; 8 NYCRR Part 188.
Kindly send these records to me by electronic mail (e-mail). If any of these records are not already in electronic format, please scan the records either in portable document file (pdf) format or tagged image file format (tiff), in accordance with Public Officers Law § 87[5](a), unless your agency is willing to provide photocopies of these records free of charge.
Please provide the requested records by the fifth business day after your receipt of this e-mail today. If there will be a delay in meeting this request, kindly acknowledge receipt of this request within five business days, pursuant to Public Officers Law § 89[3] and 21 NYCRR § 1401.5(c)(3), and provide the approximate date by which a final determination on this request will be provided. Please also explain the specific "extraordinary circumstances" that prevent your agency from providing the requested records within five business days of receipt of this request. See 18 NYCRR § 340.6(b)(1).
If there will be a delay in providing all of the requested records, please forward records on a piecemeal basis as they are located and are determined not to be exempt from disclosure. See the July 14, 2003 Advisory Opinion FOIL-AO-14137 of the Committee on Open Government of the New York State Department of State [available at: http://docs.dos.ny.gov/coog/ftext/f14137.htm].
If a final determination will not be made within 20 business days of your acknowledgement, please provide a written explanation of the reasons for your agency's inability to grant the request within such time period and specify a date certain within a reasonable period of time when this request will be granted in whole or in part, as required by Public Officers Law § 89[3] and 21 NYCRR § 1401.5(c)(4). Please do not repeatedly extend such a "date certain." See the February 22, 2010 Advisory Opinion FOIL-AO-18008 of the Committee on Open Government of the New York State Department of State [available at: http://docs.dos.ny.gov/coog/ftext/f18008.html].
If you find the above description of the records being sought to be "overbroad" or if further clarification of the described records is needed in order for your agency to locate the requested records, please immediately contact me. In accordance with 18 NYCRR § 340.3(c), I ask that you and your staff "make reasonable efforts to assist" me "in identifying the records" being sought, prior to denying this request. See the July 17, 2006 Advisory Opinion FOIL-AO-16073 of the Committee on Open Government of the New York State Department of State [available at: http://docs.dos.ny.gov/coog/ftext/f16073.htm].
If any of the requested records are not in your agency's possession or cannot be located after a diligent search, kindly provide me with your certification to that effect in accordance with Public Officers Law § 89[3] and 18 NYCRR § 340.3(g).
If any of the requested records are available on your agency's Internet web site, it will be sufficient to provide me with the specific Uniform Resource Locator (URL) where such record can be downloaded in lieu of sending me an electronic or hard copy of the actual document.
Thank you for your consideration and assistance in this matter.
Very truly yours,
[Name]
[Address]
[Telephone Number]
[Fax Number, if any]
[E-Mail Address]
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User Note: Replace the "x" by sequentially numbering each paragraph in which a set of records is described.
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