An appeal made pursuant to Public Officers Law section 89(4)(a) or (5)(c), and section 3.5(d) of this Part, shall be determined by an appeals officer, who shall be designated from among the counsels or attorneys in the office of general counsel and does not serve as a records access officer.
N.Y. Comp. Codes R. & Regs. Tit. 23 § 3.4