N.Y. Comp. Codes R. & Regs. tit. 22, § 7101.3
(c) The records access officer shall ensure that the commission:
(2) upon locating the records or information, take one of the following actions:
(3) upon request for copies of records as defined in section 7101.2 of this Part:
(5) upon failure to locate records, certify that: