§ 84-7. Denial of access; appeals.

A. 

Denial of access to records shall be in writing, stating the reason therefor and advising the requester of the right to appeal to the body established to hear appeals, who or which shall be identified by name, title, business address and business phone number.

B. 

If the requested records are not provided promptly, as required in § 84-5 of this chapter, such failure shall be deemed a denial of access.

C. 

Any person denied access to records may appeal within 30 days of a denial.

D. 

The Board of Trustees of the Village of Old Field hereby designates the following individual to hear appeals from denial of access to records under the Freedom of Information Law: Mayor, 207 Old Field Road, Old Field, New York 11733.

E. 

The time for deciding an appeal shall commence upon the receipt of a written appeal identifying:

(1) 

The date and location of the requests for records;

(2) 

A description, to the extent possible, of the records to which the requester was denied access;

(3) 

The name and address of the requester.

F. 

The individual designated to hear appeals shall inform the requester of his or her decision in writing within 10 business days of the receipt of an appeal. Failure to determine an appeal within said 10 business days by granting access to the records sought or fully explaining the reasons for further denial in writing shall constitute a denial of the appeal.

G. 

The individual designated to hear appeals shall transmit to the Committee on Open Government copies of all appeals upon receipt of appeals. Such copies shall be addressed to:

Committee on Open Government

Department of State

One Commerce Plaza

99 Washington Avenue, Suite 650

Albany, NY 12231

H. 

The individual designated to hear appeals shall inform the appellant and the Committee on Open Government of his or her determination in writing within 10 business days of receipt of an appeal. The determination shall be transmitted to the Committee on Open Government in the same manner as set forth in Subsection G of this section.

I. 

The decision by the individuals designated to hear appeals may be challenged in a proceeding commenced pursuant to Article 78 of the Civil Practice Law and Rules.