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). “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). “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). “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). “"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). “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). “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). “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). “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). “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). “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). “” 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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