Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 14, 2012 |
referred to investigations and government operations |
Senate Bill S6731
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
2011-S6731 (ACTIVE) - Details
2011-S6731 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6731 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 tiled within 30 days after a court judgement on a FOIL lawsuit, and abandons the request to appeal when an agency fails to serve and tile 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 tile a notice of appeal
2011-S6731 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6731 I N S E N A T E March 14, 2012 ___________ Introduced by Sen. BONACIC -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment 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 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. LBD00716-01-1
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