N.Y. Comp. Codes R. & Regs. tit. 9, § 166-2.8
(c) shall advise the requestor of the right to appeal.
Failure to respond to or to acknowledge a request within the time limitations set forth herein shall be deemed a denial of the request. When the records access officer has denied a request in whole or in part, the requestor may appeal such denial to the Director of the Division for Youth.
When the records access officer denies a request for a record in whole or in part, the denial: