Don’t Be Tricked by a Partial Foil Denial: Appeal Quickly or Lose Your Rights
When submitting a Freedom of Information Law (FOIL) request, receiving a partial denial can be confusing. This means that some of the requests are denied and some of the requests are granted. Many petitioners make a critical mistake: waiting until they receive the granted documents before filing an appeal regarding the denied portions. This misunderstanding can bar them from challenging the denial in court.
The FOIL Deadline Trap:
New York's FOIL law allows 30 days to appeal a denial. See, NY Public Officers Law § 89[4][a]. However, this clock starts from the date of the partial denial—not when the full disclosure of granted documents is made. The confusion arises when requesters assume they must wait to review all records, especially when documents are provided in a piecemeal fashion.
Case Example: Matter of Mingo:
In Matter of Mingo v. Records Access Officer, the pro-se petitioner requested a lot of records. Some of the records were granted and some of the records were denied. He failed to file an appeal within 30 days of the partial denial. By waiting until he received the rest of the documents, he lost his chance to challenge the outright denials. The court reaffirmed that the duty to file an internal appeal started with the denial, not when he got the full set of records.
Practical Tips:
Watch the Clock: As soon as you receive a partial denial, your 30-day appeal window begins. Don’t wait for additional documents.
Separate the Denial from the Grant: Even if some documents are still pending, file an appeal immediately regarding the portions that were denied. Government officials will tell you to wait. Their bad advice does not constitute an excuse to not comply with the 30-day limitation.
Seek Legal Help: FOIL appeals can be tricky, and deadlines are strictly enforced. Consulting with an attorney who understands FOIL nuances can help ensure your legal rights are preserved.
By understanding these deadlines, you can avoid the common trap that has barred many petitioners from seeking judicial review of their denied records.
