New York Consolidated Laws

N.Y. Public Officers Law § 86 (2026)

Definitions

✓ current as of May 2026
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§ 86. Definitions. As used in this article, unless the context
requires otherwise:
  1. "Judiciary" means the courts of the state, including any municipal
or district court, whether or not of record.
  2. "State legislature" means the legislature of the state of New York,
including any committee, subcommittee, joint committee, select
committee, or commission thereof.
  3. "Agency" means any state or municipal department, board, bureau,
division, commission, committee, public authority, public corporation,
council, office or other governmental entity performing a governmental
or proprietary function for the state or any one or more municipalities
thereof, except the judiciary or the state legislature.
  4. "Record" means any information kept, held, filed, produced or
reproduced by, with or for an agency or the state legislature, in any
physical form whatsoever including, but not limited to, reports,
statements, examinations, memoranda, opinions, folders, files, books,
manuals, pamphlets, forms, papers, designs, drawings, maps, photos,
letters, microfilms, computer tapes or discs, rules, regulations or
codes.
  5. "Critical infrastructure" means systems, assets, places or things,
whether physical or virtual, so vital to the state that the disruption,
incapacitation or destruction of such systems, assets, places or things
could jeopardize the health, safety, welfare or security of the state,
its residents or its economy.
  6. "Law enforcement disciplinary records" means any record created in
furtherance of a law enforcement disciplinary proceeding, including, but
not limited to:
  (a) the complaints, allegations, and charges against an employee;
  (b) the name of the employee complained of or charged;
  (c) the transcript of any disciplinary trial or hearing, including any
exhibits introduced at such trial or hearing;
  (d) the disposition of any disciplinary proceeding; and
  (e) the final written opinion or memorandum supporting the disposition
and discipline imposed including the agency's complete factual findings
and its analysis of the conduct and appropriate discipline of the
covered employee.
  7. "Law enforcement disciplinary proceeding" means the commencement of
any investigation and any subsequent hearing or disciplinary action
conducted by a law enforcement agency.
  8. "Law enforcement agency" means a police agency or department of the
state or any political subdivision thereof, including authorities or
agencies maintaining police forces of individuals defined as police
officers in section 1.20 of the criminal procedure law, a sheriff's
department, the department of corrections and community supervision, a
local department of correction, a local probation department, a fire
department, or force of individuals employed as firefighters or
firefighter/paramedics.
  9. "Technical infraction" means a minor rule violation by a person
employed by a law enforcement agency as defined in this section as a
police officer, peace officer, or firefighter or firefighter/paramedic,
solely related to the enforcement of administrative departmental rules
that (a) do not involve interactions with members of the public, (b) are
not of public concern, and (c) are not otherwise connected to such
person's investigative, enforcement, training, supervision, or reporting
responsibilities.
  10. "Retiree" means a former officer or employee of an agency, the
state legislature, or the judiciary who was a member of a public
retirement system of the state, as such term is defined in subdivision
twenty-three of section five hundred one of the retirement and social
security law and is receiving, or entitled to receive, a benefit from
such public retirement system.
  11. "Beneficiary" means a person designated by a member or retiree of
a public retirement system of the state to receive retirement or death
benefits following the death of the member or retiree.
Notes of Decisions
Cited in 137 cases (28 in the last 5 years), 1985–2026 · leading case: Gould v. New York City Police Dep't, 675 N.E.2d 808 (NY 1996).
Gould v. New York City Police Dep't, 675 N.E.2d 808 (NY 1996). · cites it 4× “The Police Department, which is indisputably an "agency" for FOIL purposes ( see , Public Officers Law § 86 [3]), contends that the activity logs are the officers' personal property and, therefore, not agency "records.”
Matter of Fanizzi v. Plan. Bd. of Patterson, 2016 NY Slip Op 8361 (N.Y. App. Div. 2016). · cites it 3× “On this appeal, we hold that these architectural renderings became *101 “records” within the meaning of FOIL (Public Officers Law § 86 [4]). We further hold that because it is unclear whether the renderings were still in the possession of the Town Planner at the time the…”
Capital Newspapers v. Whalen, 505 N.E.2d 932 (NY 1987). · cites it 7× “We hold that under the Freedom of Information Law (FOIL) (Public Officers Law art 6) personal or unofficial documents which are intermingled with official government files and are being "kept” or "held” by a governmental entity are "records” maintained by an "agency” under…”
Encore Coll. Bookstores, Inc. v. Auxiliary Serv. Corp., 663 N.E.2d 302 (NY 1995). · cites it 4× “"Records” include "any information kept, held, filed, produced or reproduced by, with or for an agency” (Public Officers Law § 86 [4]). Significantly, this "very broad definition” is not limited by the purpose for which a document was originated or the function to which it…”
Citizens for Alternatives to Animal Labs, Inc. v. Bd. of Trs., 703 N.E.2d 1218 (NY 1998). · cites it 4× “The Court held that SUNY HSC-B was not an “agency” under Public Officers Law § 86 (3) when it was maintaining the subject records pursuant to the Federal mandate, and for Federal inspection, because it was not “performing a governmental or proprietary function for the state”…”
Russo v. Nassau Cnty. Cmty. Coll., 623 N.E.2d 15 (NY 1993). · cites it 5× “Public Officers Law § 86 (3) defines an "agency” as "any * * * governmental entity performing a governmental or proprietary function.”
Matter of Broach & Stulberg, LLP v. New York State Dept. of Labor, 2021 NY Slip Op 03509 (N.Y. App. Div. 2021). · cites it 6× “However, an agency may nevertheless be required to disclose a record that is not in the agency's actual physical possession if it falls within the broad definition of "record," which is defined as "any information kept, held, filed, produced or reproduced by, with or for an…”
Abdur-Rashid v. N.Y.C. Police Dep't, 100 N.E.3d 799 (2018). “1 The FOIL statutes and regulations do not expressly allow an agency to refuse to acknowledge the existence of the record or information that is responsive to the FOIL request ( see Public Officers Law §§ 87, 89 ; 21 NYCRR 1401.”
Matter of McGee v. Putnam Cnty. Assistant Dist. Attorney David M. Bishop, 2021 NY Slip Op 01826 (N.Y. App. Div. 2021). · cites it 2× “It appears, from the RAO's statement, that the DA conducted additional legal research on that website but did not print or save any other cases, so he did not create another record and had nothing further to disclose.”
Matter of Newsday, LLC v. Nassau Cnty. Police Dept., 2023 NY Slip Op 06050 (N.Y. App. Div. 2023). · cites it 2× “Upon repealing Civil Rights Law § 50-a, the Legislature amended the Public Officers Law to specifically contemplate the disclosure of "law enforcement disciplinary records," which it defines to include "complaints, allegations, and charges against an employee" (Public Officers…”
Buffalo News, Inc. v. Buffalo Enter. Dev. Corp., 644 N.E.2d 277 (NY 1994). · cites it 3× “The question in this case is whether appellant Buffalo Enterprise Development Corporation (BEDC) is an "agency” within the meaning of the Freedom of Information Law (FOIL) (see, Public Officers Law § 86 [3]). The controversy relates solely to statutory interpretation of an…”
Newsday, Inc. v. Empire State Dev. Corp., 774 N.E.2d 1187 (NY 2002). · cites it 3× “” An agency comprehensively includes “any state or municipal department, board, bureau, division, commission, committee, public authority, public corporation * * * or other governmental entity performing a governmental or proprietary function for the state or [a local…”
— N.Y. Public Officers Law § 86(3) — 5 cases
Matter of Law Offs. of Cory H. Morris v. Suffolk Cnty., 2023 NY Slip Op 02312 (N.Y. App. Div. 2023).
Matter of Law Offs. of Cory H. Morris v. Suffolk Cnty., 2023 NY Slip Op 06046 (N.Y. App. Div. 2023).
Matter of Lockwood v. Cnty. of Suffolk, 2023 NY Slip Op 04316 (N.Y. App. Div. 2023).
Matter of Law Offs. of Cory H. Morris v. Cnty. of Nassau, 2020 NY Slip Op 3513 (N.Y. App. Div. 2020).
Matter of Law Offs. of Cory H. Morris v. Cnty. of Nassau, 2018 NY Slip Op 835 (N.Y. App. Div. 2018).
— N.Y. Public Officers Law § 86(8) — 3 cases
People v. Sanchez, 2025 NY Slip Op 50283(U) (2025).
People v. Sanchez, 2025 NY Slip Op 50283(U) (2025).
People v. Sanchez, 2025 NY Slip Op 50283(U) (2025).
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