Senate Bill S2065

2013-2014 Legislative Session

Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

  • 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

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2013-S2065 (ACTIVE) - Details

Law Section:
Public Officers Law
Laws Affected:
Amd ยง89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2009-2010: S6134
2011-2012: S6731

2013-S2065 (ACTIVE) - Summary

Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws.

2013-S2065 (ACTIVE) - Sponsor Memo

2013-S2065 (ACTIVE) - Bill Text download pdf 

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

                                  2065

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by  Sen. LATIMER -- 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.
                                                           LBD06266-01-3

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