N.Y. Comp. Codes R. & Regs. tit. 12, § 465.7 – Denials and appeals.

(a) The denial of access to records shall be in writing, giving the reasons for the denial and advising the requester of the right to appeal to the chair of the board.
(b) If no response is made to a request for records within five business days after its receipt, the request shall be considered to have been denied. If access to records is neither granted nor denied within 10 business days after the date that the board confirms the receipt of a request, this may be considered as a denial of access that may be appealed.
(c) Any person denied access to a record may appeal within 30 days of a denial. An appeal shall be decided by the chair of the board or another member of the board who is chosen by the chair.
(d) The time for deciding an appeal from a denial of access shall begin on the date when a written appeal is received.
(e) The written appeal shall include:
1. (1) the date of the appeal;
2. (2) the date of the request for the record;
3. (3) the case number last assigned to the file which contains the record;
4. (4) a statement of whether the denial of access was in writing or by failure to provide the record promptly, as required by this Part; and
5. (5) the name and address of the requester.
(f) The chair of the board or an individual chosen by the chair shall send the Committee on Open Government, Department of State, Albany, NY, copies of all appeals when they are received.
(g) The requester shall be informed of the decision, in writing, within 14 business days of the receipt of a written appeal. The decision, whether made by the chair of the board or by a member of the board who has been chosen for that purpose, shall be the decision of the board when it is mailed to the requester and to the Committee on Open Government.
(h) A final denial of access to a record, as provided in subdivision (g) of this section, shall be subject to court review, as provided in article 78 of the Civil Practice Law and Rules.