ALBANY -- Gov. David Paterson's secretive and much criticized process to appoint a U.S. senator included no written list of candidates seeking the job, according to the administration's response to a request made under New York's Freedom of Information Law.

The administration's response to The Associated Press also denies the release of the candidates' responses to questions, even those regarding public policy issues. The administration says the denial is to protect the privacy and safety of the candidates.

Paterson appointed Rep. Kirsten Gillibrand on Jan. 23.

"That's mind boggling," said Blair Horner of the New York Public Interest Research Group. "It is possible they didn't (take notes in interviews), but the only reason for that is they didn't want anything FOIL-able. It was pretty clear from the beginning that the governor to avoid FOIL, so they would do everything they could not to leave a paper trail."

Robert Freeman, executive director of the state Committee on Open Government, said the administration isn't required to create records after the fact.

Throughout the process begun in December, Paterson refused to identify anyone who expressed interest in the seat being vacated by Hillary Rodham Clinton, now Barack Obama's secretary of state. Paterson said he wanted the appointment kept confidential, and wouldn't even say how many applied. In the closing days of his process, he estimated the field at various times to be a dozen or more than 20.

The candidates who publicly identified themselves included Caroline Kennedy, Gillibrand, several other members of Congress and Nassau County Executive Tom Suozzi. None would release the extensive questionnaire seeking background information such as family status, investments, any criminal record as well as education and career data.

Gillibrand posted her complete questionnaire on her Web site after she was selected but blacked out some information.

During the process, Paterson refused to release even the blank form, despite statements by Freeman that the blank form and, probably, some of the responses should have been made public.

In the administration's response received this week, the blank questionnaire was released but responses by candidates were withheld under a provision of the law that protects a person's privacy or safety.

"They simply cannot defend the position that those records are exempt from FOIL," Horner said. "They are certainly within their rights to redact certain information from the forms, but I cannot imagine under any scenario that they are put in risk of personal harm if their name was released.

"I don't get it," Horner said. "This is supposed to be the open, transparent government. Instead we're getting stonewalled."

The AP is appealing the administration's response.

Paterson's press officers did not respond Wednesday or Thursday to questions about the administration's response.

State law provides for, but doesn't require, the retention of "certain essential records documenting the governor's major accomplishments," said Bob McDonnell, head of the state's retention scheduling unit in the state archives.

Those records include letters, communications, directives, and "related supporting documents received or generated by the government and executive chamber staff."