S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   68

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M.  of A. LATIMER, ORTIZ, PAULIN, JAFFEE, SPANO, COLTON,
  CASTRO, MAISEL, LUPARDO, MILLMAN, GALEF -- Multi-Sponsored by -- M. of
  A. BOYLAND, COOK, GLICK,  LIFTON,  MAGEE,  MAYERSOHN,  MENG,  PHEFFER,
  REILLY, SCARBOROUGH, THIELE -- read once and referred to the Committee
  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 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