S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  414--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by M. of A. PAULIN, GALEF, WEPRIN -- Multi-Sponsored by -- M.
   of  A.   LUPARDO, THIELE -- read once and referred to the Committee 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 preference given to an appeal to the appellate
   division of the supreme court regarding a denial of an exception  from
   disclosure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 5 of section 89 of the  public
 officers  law, as amended by chapter 339 of the laws of 2004, is amended
 to read as follows:
   (d) (I) A proceeding to review an adverse  determination  pursuant  to
 paragraph  (c)  of this subdivision may be commenced pursuant to article
 seventy-eight of the civil practice law and rules. Such proceeding, when
 brought by a person seeking an exception  from  disclosure  pursuant  to
 this  subdivision,  must be commenced within fifteen days of the service
 of the written notice containing the adverse determination provided  for
 in subparagraph two of paragraph (c) of this subdivision. THE PROCEEDING
 SHALL  BE  GIVEN PREFERENCE AND SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH
 TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT, NOT TO  EXCEED
 FORTY-FIVE DAYS.
   (II)  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.
   (III) AN APPEAL TAKEN FROM AN ORDER OF THE COURT REQUIRING DISCLOSURE:
   (A) SHALL BE GIVEN PREFERENCE; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00605-03-9
              

 A. 414--A                           2
 
   (B)  SHALL  BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND CONDITIONS AS
 THE PRESIDING JUSTICE MAY DIRECT, UPON APPLICATION BY ANY PARTY  TO  THE
 PROCEEDING; AND
   (C)  SHALL  BE DEEMED ABANDONED WHEN THE PARTY REQUESTING AN EXCLUSION
 FROM DISCLOSURE FAILS TO SERVE AND FILE A RECORD AND BRIEF WITHIN  SIXTY
 DAYS  AFTER  THE DATE OF THE NOTICE OF APPEAL, UNLESS CONSENT OF FURTHER
 EXTENSION IS GIVEN BY ALL PARTIES, OR UNLESS FURTHER EXTENSION IS GRANT-
 ED BY THE COURT UPON SUCH TERMS AS MAY  BE  JUST  AND  UPON  GOOD  CAUSE
 SHOWN.
   § 2. Subdivision (b) of rule 5521 of the civil practice law and rules,
 as  amended  by  chapter  487 of the laws of 2016, is amended to read as
 follows:
   (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
 and ten-A and parts one and two of article six of the family court  act,
 and  pursuant  to  sections  three  hundred fifty-eight-a, three hundred
 eighty-three-c, three hundred eighty-four,  and  three  hundred  eighty-
 four-b  of  the  social  services  law, and pursuant to paragraph (d) of
 subdivision four AND SUBPARAGRAPH (II) OF PARAGRAPH (D)  OF  SUBDIVISION
 FIVE  of  section eighty-nine of the public officers law, shall be given
 preference and may be brought on for argument on such terms  and  condi-
 tions as the court may direct without the necessity of a motion.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law and shall apply to appeals for which notice
 of appeal was filed on or after such date.