Overview

The Freedom of Information Law (“FOIL”), Article 6 (Section 84-90) of the NYS Public Officers Law, provides the public right to access to 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.

If you are seeking records related to a Justice Center investigation, you may not have to file a FOIL request. Find out more [link to additional information].

Request Records

Use the Open FOIL NY online form

Mail a written request to:

Records Access Officer
NYS Justice Center for the Protection of People with Special Needs
161 Delaware Avenue
Delmar, New York 12054-1310

E-mail a written request to:

[email protected]

Fax a written request to: (518) 549-1336

FOIL Process

We will send you a letter within five business days of the receipt of a written request for reasonably described records, make such records available, deny such request in writing, or furnish 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) 549-0200 or [email protected].

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 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 request;
  • 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.

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:

FOIL Appeals Officer
NYS Justice Center for the Protection of People with Special Needs
161 Delaware Avenue
Delmar, New York 12054-1310

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.

Justice Center Subject Matter List

View the Executive Chamber's Subject Matter List of records

Records Subject Matter List

Helpful Tips

For more information about FOIL, please visit the New York State Committee on Open Government’s website.

When submitting a FOIL request:

  • If you are seeking records related to an investigation email our Records Access Officer
  • Be as specific as possible in describing the requested records. Include relevant dates, names, descriptions, etc. See suggested language for a FOIL request from the Committee on Open Government.
  • If records are available, specify how you want them sent, i.e., via US mail, e-mail or fax. We may choose to send the records by U.S. mail, if you have requested a large volume of records, for security or other important reasons.
  • Include your e-mail, mailing address and fax number, as well as a telephone number where you can be reached during business hours, if it is necessary to clarify your request.
  • Please note that the agency is not required to create a new record in response to FOIL requests.