Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 26, 2010 |
recommitted to investigations and government operations substitution reconsidered |
Mar 17, 2010 |
3rd reading cal.214 substituted for s6134a referred to investigations and government operations delivered to senate passed assembly |
Jan 12, 2010 |
amended on third reading 6484a |
Jan 06, 2010 |
ordered to third reading cal.442 returned to assembly died in senate |
Mar 18, 2009 |
referred to investigations and government operations delivered to senate passed assembly |
Mar 12, 2009 |
advanced to third reading cal.252 |
Mar 10, 2009 |
reported |
Mar 04, 2009 |
referred to governmental operations |
Assembly Bill A6484
2009-2010 Legislative Session
Sponsored By
LATIMER
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
2009-A6484 - Details
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Public Officers Law
- Laws Affected:
- Amd §89, Pub Off L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A68
2013-2014: A5306
2015-2016: A114
2009-A6484 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6484 2009-2010 Regular Sessions I N A S S E M B L Y March 4, 2009 ___________ Introduced by M. of A. LATIMER -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the public officers law, in relation to limiting the amount of time to appeal certain judgments regarding freedom of infor- mation violations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 89 of the public officers law is amended by adding a new paragraph (d) to read as follows: (D) APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT MUST BE MADE IN ACCORDANCE WITH LAW, AND MUST BE FILED WITHIN THIRTY DAYS AFTER SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDGMENT OR ORDER APPEALED FROM AND WRITTEN NOTICE OF ITS ENTRY. AN APPEAL TAKEN FROM OR ORDER OF THE COURT REQUIRING DISCLOSURE OF ANY OR ALL RECORDS SOUGHT SHALL BE GIVEN PREFERENCE, SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT UPON APPLICA- TION OF ANY PARTY TO THE PROCEEDING, AND SHALL BE DEEMED ABANDONED WHEN AN AGENCY FAILS TO SERVE AND FILE A RECORD AND BRIEF WITHIN TWO MONTHS AFTER THE DATE OF THE NOTICE OF APPEAL. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10146-01-9
co-Sponsors
Frank Skartados
Felix Ortiz
Amy Paulin
Ellen C. Jaffee
multi-Sponsors
William Boyland
Vivian Cook
Deborah Glick
Susan John
2009-A6484A (ACTIVE) - Details
- Current Committee:
- Senate Investigations And Government Operations
- Law Section:
- Public Officers Law
- Laws Affected:
- Amd §89, Pub Off L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A68
2013-2014: A5306
2015-2016: A114
2009-A6484A (ACTIVE) - Sponsor Memo
BILL NUMBER:A6484A TITLE OF BILL: An act to amend the public officers law, in relation to limiting the amount of time to appeal certain judgments regarding free- dom of information violations PURPOSE OR GENERAL IDEA OF BILL: To expedite the appeals process when a trial court has found in favor of a FOIL request action, thereby insur- ing timely appellate review and conclusion to the issue. SUMMARY OF SPECIFIC PROVISIONS: Adds a new paragraph (a) to Subdivision 4 of Section 89 of the public officers law, requiring an appeal to be filed within 30 days after a court judgment on a FOIL lawsuit, and aban- dons the request to appeal when an agency fails to serve and file a brief within two months after the date of the notice of appeal. Section 2: Authorizes an immediate effective date. JUSTIFICATION: The bill creates an expedited process for determining appeals of FOIL decisions. Under the present law, a denial of request for records may be overturned by a court, but the agency may file a notice of appeal and have up to 9 months to perfect the appeal. This delay, in some circumstances, may create an unfairness or a restriction of rights to an individual; the delaying of disclosure, through the normal process of appeal, may make moot the individuals FOIL request and functionally deny them the timely access to documents needed.
2009-A6484A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6484--A Cal. No. 442 2009-2010 Regular Sessions I N A S S E M B L Y March 4, 2009 ___________ Introduced by M. of A. LATIMER, SKARTADOS -- read once and referred to the Committee on Governmental Operations -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the public officers law, in relation to limiting the amount of time to appeal certain judgments regarding freedom of infor- mation violations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 89 of the public officers law is amended by adding a new paragraph (d) to read as follows: (D) APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT MUST BE MADE IN ACCORDANCE WITH LAW, AND MUST BE FILED WITHIN THIRTY DAYS AFTER SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDGMENT OR ORDER APPEALED FROM AND WRITTEN NOTICE OF ITS ENTRY. AN APPEAL TAKEN FROM AN ORDER OF THE COURT REQUIRING DISCLOSURE OF ANY OR ALL RECORDS SOUGHT SHALL BE GIVEN PREFERENCE, SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT UPON APPLICA- TION OF ANY PARTY TO THE PROCEEDING, AND SHALL BE DEEMED ABANDONED WHEN AN AGENCY FAILS TO SERVE AND FILE A RECORD AND BRIEF WITHIN TWO MONTHS AFTER THE DATE OF THE NOTICE OF APPEAL. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10146-03-9
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