N.Y. Comp. Codes R. & Regs. tit. 9, § 145-1.2
(1) The records access officer shall be the custodian of the records of the division. Any person wishing to inspect and/or obtain a copy of any record, may make application to the records access officer. Applications shall be oral, or in writing on a form to be prescribed by the records access officer. Blank forms may be obtained from the records access officer either personally on any workday in Room 113 of the State Capitol in Albany, or by mail, addressed to that office, as the records access officer may specify on the application form. Upon receipt of a request, the records access officer shall search for the record requested. If the records access officer determines that the record requested is not in his custody, the records access officer shall advise the applicant, as the case may be:
(iv) that the records of which the agency is a custodian cannot be found after a diligent search.
If the records access officer determines that the record requested is in his custody, the records access officer shall either produce the record for inspection at his office (and, if so requested and upon payment of the appropriate fee, shall make and certify a copy of the record), or advise the applicant, in writing, as provided in section 145-1.6 of this Subpart.
(a)