FOIL Versus Court Records in Kings County
New York keeps two parallel access frameworks, and mixing them up is the most common mistake. Agency administrative records run through the Freedom of Information Law, known as FOIL, set out in Public Officers Law §§ 84-90. FOIL sets a strong policy of public access to agency records, with named exemptions. It governs state and local agency papers. It does not govern ordinary court case files.
Court case records follow a separate path. The Unified Court System's own FOIL page states that court records are not subject to FOIL under Public Officers Law § 86. Instead, access to court files runs under Judiciary Law § 255 and court rules. So you send a FOIL request for agency papers. You go to the clerk or the records room for a case file. The split is simple once you see it.
The comparison below lays out the two tracks side by side. It shows the source law, the office that holds the records, and the way to ask.
| Point | Agency Records (FOIL) | Court Case Records |
|---|---|---|
| Governing law | Public Officers Law §§ 84-90 | Judiciary Law § 255 and court rules |
| Examples | Sheriff papers, DOC records, agency policies, contracts | Civil index files, criminal dockets, estate files |
| Where to ask | NYC OpenRecords, Open FOIL NY, agency officer | Kings County Clerk or the court records room |
| Request form | FOIL request to a records access officer | Clerk request, in person or by mail |
| Copy fee rule | 25 cents per page under § 87(1) | Court-set certified copy fees |
What the Kings County Clerk Maintains
The Kings County Clerk sits at the heart of Brooklyn's public records system. The office is in the Supreme Court Building at 360 Adams Street, Room 189. It maintains Supreme Court case files, certifies Supreme Court documents, files business certificates, and collects court filing fees. The Clerk also enters judgments and dockets liens against Brooklyn property by block and lot. The Record Room is Room 079. The Jury Division is Room 156.
The Clerk's role overlaps with the courts but is not the same as FOIL. Court case files come from the Clerk or the records room. Recorded papers like judgments and liens are part of the Clerk's own record set. For estate files, the local probate office is the Surrogate's Court. For the broad Clerk profile, fees, and request methods, see the Kings County Clerk page.
- Supreme Court civil case files and certified copies of those documents.
- Judgments entered against parties and liens docketed on block and lot.
- Business certificates filed by sole proprietors and partnerships.
- Index numbers and filing records for new court actions.
- Older naturalization records, depending on date and record set.
- Incapacitated-person records, filed in Room 122A of the Supreme Court Building.
Note: Estate, marriage, and Family Court records are held by other offices, so a Clerk request will not reach those files even though they are public records.
How to File a FOIL Request in Kings County
A FOIL request goes to the records access officer at the agency that holds the records. For NYC agencies such as the Department of Finance Sheriff, the Department of Correction, or the NYPD, the city portal NYC OpenRecords is the main channel. For state agencies, use Open FOIL NY or the agency's own FOIL page. The key is to name the agency and describe the records well enough for staff to find them.
The guidance below comes from the Committee on Open Government, which advises the public on FOIL questions. The image links to its official request page.
The steps that follow track its advice and the standard FOIL workflow used across New York.
- Find the right office. Decide if you want agency records or a court file, then pick the matching channel.
- Describe the records clearly. Give names, dates, an incident number, or a docket number so staff can locate them.
- Submit the request. File through NYC OpenRecords, Open FOIL NY, or by letter to the records access officer.
- Wait for the response. The agency must reply within set time limits, which the next section explains.
- Pay any copy fees and pick up or receive the records once the agency approves the request.
The lead-in picture below opens the Committee on Open Government FOIL request guidance, the state's plain-language help page for filing.
The page walks a requester through naming the agency, framing the records, and tracking the reply, which keeps a Brooklyn FOIL request from being denied as too broad.
Public Records Request Form Fields
Most FOIL requests use a short form or a plain letter. NYC OpenRecords uses an online form that asks for the agency, a description, and your contact details. A written request needs the same basics. The table below lists the fields a Kings County FOIL request should include and how to fill each one.
| Field | Required | Notes |
|---|---|---|
| Requester Name | Yes | Full name; agencies need a person to contact about the request. |
| Agency Selected | Yes | Name the city or state agency; court files do not go through FOIL. |
| Description of Records | Yes | Reasonably describe the records so staff can find them. |
| Date Range | No | Helps narrow the search and speeds the reply. |
| Contact Information | Yes | Email or mailing address for the agency response. |
| Format Preference | No | Ask for paper or electronic copies where the agency can supply them. |
A broad request can stall. Asking for "all records about me" without dates, an agency, or a case number may be delayed or denied as not reasonably described. Tight descriptions get faster answers.
FOIL Response Timelines
FOIL sets duties on how fast an agency must act, and those duties live in Public Officers Law § 89. The agency must respond within a set window. It can grant the request, deny it, or explain that more time is needed. When records take longer to gather, the agency gives a date by which it will respond. Silence is not an option under the law.
A reply does not always mean instant copies. The agency may need to pull files, review them, and redact exempt material first. If a request is denied in whole or in part, the agency must say why and point to the exemption it relies on. That written reason matters later if you choose to appeal.
Public Records Fees in Kings County
FOIL copy fees follow a clear rule. Under Public Officers Law § 87(1), an agency may charge 25 cents per photocopy up to 9 by 14 inches, unless another statute sets a different fee. For larger or special records, the agency may charge the actual cost of reproduction. The Committee on Open Government repeats this standard in its public guidance. Court-certified copies are a separate matter and can carry their own statutory fees.
The schedule below shows the common charges tied to a Kings County public records request. Court fees, such as those under SCPA § 2402 for estate filings, are set by the court rather than by FOIL.
| Item | Amount |
|---|---|
| Per page copy (FOIL, up to 9 x 14 in) | $0.25 |
| Oversized or special reproduction | Actual cost |
| Electronic format | Cost of the storage medium, if any |
| Surrogate's Court filing fees | Vary under SCPA § 2402 |
Some agencies grant fee waivers when copies are few or the request serves the public. Ask the records officer if a waiver applies.
Federal Records for Brooklyn Cases
Kings County also sits inside the federal court system, and federal case records use their own tools rather than FOIL. Federal FOIA covers executive agencies, not the courts. For federal case files tied to Brooklyn, the route is PACER and CM/ECF. Kings County falls in the U.S. District Court for the Eastern District of New York, with its courthouse at 225 Cadman Plaza East. Bankruptcy matters go to the U.S. Bankruptcy Court for the Eastern District of New York, which covers Kings, Queens, Richmond, Nassau, and Suffolk.
The first picture links to the U.S. Bankruptcy Court EDNY site, the official home for Brooklyn bankruptcy filings.
The bankruptcy court office sits at 271-C Cadman Plaza East, Suite 1595, and its docket flows into the federal PACER system. To open those records, you set up a PACER account and search the court's CM/ECF system.
The second picture links to the PACER NYEB CM/ECF lookup, which points to the right Brooklyn bankruptcy login.
PACER may charge fees under the current federal fee schedule, so a Brooklyn federal record search works differently from a 25-cent FOIL copy.
Records That Are Exempt or Restricted
Not every record is open. FOIL itself names exemptions in Public Officers Law § 87. An agency may withhold records exempted by another statute, records that would be an unwarranted invasion of personal privacy, records that would interfere with a law enforcement probe or a court proceeding, or records that would endanger life or safety. The presumption is access, but these carve-outs apply.
Court records carry their own shields. Family Court Act § 166 keeps Family Court files out of indiscriminate public view. Domestic Relations Law § 114 seals adoption papers. Criminal sealing under CPL § 160.59 and related sections blocks public access to many sealed cases. For civil files, Uniform Rule 216.1 lets a court seal records only on a written good-cause finding. A record that vanishes from a portal may be sealed, confidential, or simply excluded by case type.
If Your FOIL Request Is Denied
A denial is not the end. Under Public Officers Law § 89, a denied FOIL request can be appealed inside the agency. You file a written appeal with the agency's appeals officer, usually within 30 days, and the agency must respond and explain its decision. The Committee on Open Government can offer guidance and advisory opinions on FOIL questions, though it does not act as a court clerk and cannot pull Kings County case files for you.
If the agency upholds the denial, the next step is court. A requester may bring an Article 78 proceeding to ask a judge to review the agency's choice. Court case files follow a different appeal path: you raise access with the issuing court, often by motion. For the broad picture on case access, the court records page and the marriage and divorce records page explain who to ask and how.