Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 26, 2010 |
amended on third reading 6134b |
Apr 26, 2010 |
vote reconsidered - restored to third reading substitution reconsidered |
Mar 17, 2010 |
substituted by a6484a |
Mar 04, 2010 |
advanced to third reading |
Mar 03, 2010 |
2nd report cal. |
Mar 02, 2010 |
1st report cal.214 |
Jan 06, 2010 |
referred to investigations and government operations |
Nov 05, 2009 |
print number 6134a |
Nov 05, 2009 |
amend and recommit to rules |
Aug 21, 2009 |
referred to rules |
Senate Bill S6134
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - On Floor Calendar
- 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
Votes
Bill Amendments
2009-S6134 - Details
2009-S6134 - Sponsor Memo
BILL NUMBER: S6134 TITLE OF BILL : An act to amend the public officers law, in relation to limiting the amount of time to appeal certain judgments regarding freedom 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 insuring 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 abandons 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
2009-S6134 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6134 2009-2010 Regular Sessions I N S E N A T E August 21, 2009 ___________ Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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
(D, IP) Senate District
(D, WF) Senate District
2009-S6134A - Details
2009-S6134A - Sponsor Memo
BILL NUMBER: S6134A TITLE OF BILL : An act to amend the public officers law, in relation to limiting the amount of time to appeal certain judgments regarding freedom 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 insuring 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 abandons 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
2009-S6134A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6134--A 2009-2010 Regular Sessions I N S E N A T E August 21, 2009 ___________ Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. LBD10146-02-9
co-Sponsors
(D, IP) Senate District
(D, WF) Senate District
2009-S6134B (ACTIVE) - Details
2009-S6134B (ACTIVE) - Sponsor Memo
BILL NUMBER: S6134B TITLE OF BILL : An act to amend the public officers law, in relation to limiting the amount of time to appeal certain judgments regarding freedom 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 insuring 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 abandons the request to appeal when an agency fails to serve and file a brief within six 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
2009-S6134B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6134--B Cal. No. 214 2009-2010 Regular Sessions I N S E N A T E August 21, 2009 ___________ Introduced by Sens. C. JOHNSON, SAVINO, SQUADRON -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Investigations and Government Operations in accordance with Senate Rule 6, sec. 8 -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, substituted by Assembly Bill No. 6484-A, substitution reconsidered and vote reconsidered, restored to third reading, amended and ordered reprinted, retaining its place in 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 SIX 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. LBD10146-06-0
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