N.Y. Comp. Codes R. & Regs. tit. 9, § 6151.2
(c) The privacy compliance officer is responsible for:
(3) taking one of the following actions upon locating the record sought: Note:
(iii) deny access to the record in whole or in part, and explain in writing the reasons therefor.
Note:
Records maintained pursuant to sections 837, 837-a, 837-b, 837-c, 838, 839, 845 and 845-a of the Executive Law are public safety agency records, as defined in article 6-A of the Public Officers Law, and are not subject to the provisions of this Part. Any individual may review his or her criminal history record maintained by the agency pursuant to the provisions of Part 6050 of this Title;
(6) certifying, upon request, that: