New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 604 - Access to or Correction/Amendment of Records of the Office for People With Developmental Disabilities Subject to the Personal Privacy Protection Law
Section 604.8 - Appeals of denial of access to records

(a) Any person who has been denied access to records by the records access officer may, within 30 business days of receipt of the denial, appeal such denial to the records access appeals officer.

(b) The time for deciding on an appeal by the records access appeals officer shall commence upon receipt of the written appeal, which shall identify:

(c) the records access appeals officer shall, within seven business days of the receipt of a written appeal, review the matter and affirm, modify or reverse the denial.

(d) If the records access appeals officer determines that the denial of access was erroneous, he or she shall instruct the records access officer to allow prompt inspection or copying of the record as requested.

(e) If the records access appeals officer affirms or modifies the denial, he or she shall communicate the reasons in writing by either first class mail or certified mail, return receipt requested, to the person making the appeal and inform such person of the right of judicial appeal pursuant to article 78 of the Civil Practice Law and Rules.

(f) The records access appeals officer shall, upon receipt, forward to the Committee on Open Government, a copy of any appeal made pursuant to this Part.

(g) The records access appeals officer shall forward to the Committee on Open Government, the determination of any appeal and the reasons therefor at the time of such determination.