- Legally received (deemed receipt)
- Initial response due — acknowledge, grant, or deny in writing · POL §89(3)(a)
- If you acknowledge on the due date: latest defensible "approximate date" (20 business days from acknowledgment, per COOG guidance)
- If the request is denied that day: requester may appeal until (30 days) · §89(4)(a)
- If an appeal is received on a date, the determination is due 10 business days later — enter below
- ⚠ This appeal arrived after the 30-day appeal window closed (, counting from the denial date above). It may be untimely under §89(4)(a) — the determination math is shown anyway, since an agency may choose to entertain a late appeal. Counsel call, not a calculator call.
Assumes a 9:00 am – 5:00 pm office. Requests arriving after hours or on weekends/holidays count as received the next business day at opening — that is the Committee on Open Government's published rule. Your agency's own closure days are not included here.
How the math works
Under Public Officers Law §89(3)(a), an agency has five business days from receipt of a written request to grant access, deny it in writing, or send a written acknowledgment that states an approximate response date. COOG guidance reads the statute as capping that approximate date at twenty business days after the acknowledgment; needing longer requires a written explanation and a date certain. Missing any of these marks is a constructive denial the requester can appeal immediately — and appeals must be decided within ten business days of receipt, with copies of both appeal and determination sent to the Committee on Open Government.
The business-day calendar excludes weekends and New York public holidays (General Construction Law §24), including the Sunday-observance shift. Some municipalities also observe Lincoln's Birthday and Election Day closures differently — check your agency's calendar.
Sources
- Public Officers Law §89 — statutory text
- COOG — Explanation of Time Limits for Response
- COOG — Freedom of Information Law
- General Construction Law §24 — public holidays
FOIAdesk tracks these clocks automatically — every request, every department, every appeal, with escalating reminders before anything goes red. Learn more →