In New York, access to police video footage is governed by the Freedom of Information Law (FOIL).
How to File
Email your request to foil@nypd.org
The footage must be "reasonably described" e.g., date/time/location
The NYPD must respond within five business days of receipt. They can deny, grant, or extend the time to respond. If they grant the request, they have to give you the footage within 20 business days, or give you a reasonable reason as to why they can't meet that 20-day deadline, along with a specific date that the footage will be ready.
In any case, upon receipt of this response, the requester can appeal within 30 days of the NYPD's first response.
How to Appeal (1st time)
Appeal in writing to the head of the NYPD, within 30 days of response
NYPD head has 10 business days to deny or grant
Upon receipt of this final denial, the requester can appeal to a court within 4 months.
How to Appeal (2nd time)
Appeal to the Supreme Court in the County where the decision to deny the request was made
File an Article 78 proceeding by serving a notice of petition and a verified petition
Make sure you name the records custodian (the agency and the official head of the agency in his/her official capacity)
Include copies of all correspondence
Ask the Court to enjoin the NYPD to provide you with the footage
This blog is not intended to be legal advice, as the analysis might change depending upon your specific situation. For additional assistance, reach out to Joy Ramsingh, at joy@ramsinghlegal.com. Joy Ramsingh is an open records, open meetings, appellate advocacy lawyer and the founder of Ramsingh Legal.
