N.Y. Comp. Codes R. & Regs. tit. 21, § 838.11 – Waiver of fees.

(a) No fee shall be charged for disclosure of records pursuant to this Part where:
1. (1) The records are requested by a Congressional committee or subcommittee or the General Accounting Office.
2. (2) The records are requested by an agency of a signatory party.
3. (3) The records are requested by a court of competent jurisdiction.
4. (4) The records are requested by a State or local government having jurisdiction thereof.
(b) No fee shall be charged if a record requested is not found or for any record that is totally exempt from disclosure.