Assembly Bill A9711A

Signed By Governor
2015-2016 Legislative Session

Limits the amount of time to appeal certain judgments regarding freedom of information violations

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Sponsored By

Archive: Last Bill Status Via S6865 - Signed by Governor

  • 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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Bill Amendments

2015-A9711 - Details

See Senate Version of this Bill:
S6865
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L; amd R5521, CPLR

2015-A9711 - Summary

Limits the amount of time to appeal certain judgments regarding freedom of information violations.

2015-A9711 - Bill Text download pdf 

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

                                  9711

                          I N  A S S E M B L Y

                              April 5, 2016
                               ___________

Introduced by M. of A. BUCHWALD -- 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) (I) FOR THE PURPOSES OF THIS  PARAGRAPH,  "PARTY"  MEANS  (A)  ANY
PETITIONER  REQUESTING INFORMATION UNDER THIS ARTICLE OR ANY OTHER SIMI-
LAR LEGISLATIVE RULE OR REGULATION,  AND  (B)  ANY  STATE  OR  MUNICIPAL
DEPARTMENT,  BOARD,  BUREAU,  DIVISION,  COMMISSION,  COMMITTEE,  PUBLIC
AUTHORITY, PUBLIC CORPORATION, COUNCIL,  OFFICE  OR  OTHER  GOVERNMENTAL
ENTITY  PERFORMING  A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE
OR ANY ONE OR MORE MUNICIPALITIES THEREOF, EXCEPT THE JUDICIARY.
  (II) 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.
  (III) AN APPEAL TAKEN FROM AN ORDER OF THE COURT:
  (A) SHALL BE GIVEN PREFERENCE;
  (B) SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND  CONDITIONS  AS
THE  PRESIDING  JUSTICE  MAY DIRECT UPON APPLICATION OF ANY PARTY TO THE
PROCEEDING; AND
  (C) SHALL BE DEEMED ABANDONED IF THE APPELLANT FAILS TO SERVE AND FILE
A RECORD AND BRIEF WITHIN SIXTY DAYS AFTER THE DATE  OF  THE  NOTICE  OF
APPEAL,  UNLESS  CONSENT TO FURTHER EXTENSION IS GIVEN BY ALL PARTIES OR
FURTHER EXTENSION IS GRANTED BY THE COURT, NOT TO  EXCEED  THIRTY  DAYS,
FOR  CAUSE  WHERE  A  PARTY  ESTABLISHES  THAT  THE MATTERS INVOLVED ARE
EXTREMELY COMPLEX OR INVOLVE EXTRAORDINARY CIRCUMSTANCES OUTSIDE OF  THE
PARTY'S CONTROL.
  (IV)  FAILURE  BY  A PARTY TO SERVE AND FILE A RECORD AND BRIEF WITHIN
THE ALLOTTED TIME SHALL RESULT IN THE DISMISSAL OF THE APPEAL.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

2015-A9711A (ACTIVE) - Details

See Senate Version of this Bill:
S6865
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L; amd R5521, CPLR

2015-A9711A (ACTIVE) - Summary

Limits the amount of time to appeal certain judgments regarding freedom of information violations.

2015-A9711A (ACTIVE) - Bill Text download pdf 

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

                                 9711--A

                          I N  A S S E M B L Y

                              April 5, 2016
                               ___________

Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
  tee  on Governmental Operations -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public officers law and the civil practice  law  and
  rules,  in  relation  to limiting the amount of time to appeal certain
  judgments regarding freedom of information 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) (I) APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT MUST  BE
MADE  IN  ACCORDANCE  WITH SUBDIVISION (A) OF SECTION FIFTY-FIVE HUNDRED
THIRTEEN OF THE CIVIL PRACTICE LAW AND RULES.
  (II) AN APPEAL FROM AN AGENCY TAKEN FROM AN ORDER OF THE COURT REQUIR-
ING DISCLOSURE OF ANY OR ALL RECORDS SOUGHT:
  (A) SHALL BE GIVEN PREFERENCE;
  (B) SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND  CONDITIONS  AS
THE  PRESIDING  JUSTICE MAY DIRECT, UPON APPLICATION OF ANY PARTY TO THE
PROCEEDING; AND
  (C) SHALL BE DEEMED ABANDONED IF THE AGENCY FAILS TO SERVE AND FILE  A
RECORD  AND  BRIEF  WITHIN SIXTY DAYS AFTER THE DATE OF SERVICE UPON THE
PETITIONER OF THE NOTICE OF APPEAL, UNLESS CONSENT TO FURTHER  EXTENSION
IS  GIVEN  BY ALL PARTIES, OR UNLESS FURTHER EXTENSION IS GRANTED BY THE
COURT UPON SUCH TERMS AS MAY BE JUST AND UPON GOOD CAUSE SHOWN.
  S 2. Rule 5521 of the civil practice law  and  rules,  as  amended  by
chapter  582  of the laws of 1991, subdivision (b) as amended by section
65 of part A of chapter 3 of the laws of 2005, is  amended  to  read  as
follows:
  Rule  5521.  Preferences.  (a) Preferences in the hearing of an appeal
may be granted in the discretion of the court to  which  the  appeal  is
taken.
  (b) Consistent with the provisions of section one thousand one hundred
twelve  of  the  family  court  act,  appeals  from orders, judgments or
decrees in proceedings brought pursuant to articles  three,  seven,  ten

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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