Bill Text: NY A00068 | 2011-2012 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Engrossed - Dead) 2012-03-13 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [A00068 Detail]

Download: New_York-2011-A00068-Introduced.html

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                           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:
    1    Section  1.  Subdivision 4 of section 89 of the public officers law is
    2  amended by adding a new paragraph (d) to read as follows:
    3    (D) APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT MUST BE MADE
    4  IN ACCORDANCE WITH LAW, AND MUST  BE  FILED  WITHIN  THIRTY  DAYS  AFTER
    5  SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDGMENT OR ORDER
    6  APPEALED  FROM  AND WRITTEN NOTICE OF ITS ENTRY. AN APPEAL TAKEN FROM AN
    7  ORDER OF THE COURT REQUIRING DISCLOSURE OF ANY  OR  ALL  RECORDS  SOUGHT
    8  SHALL  BE  GIVEN  PREFERENCE,  SHALL  BE BROUGHT ON FOR ARGUMENT ON SUCH
    9  TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT  UPON  APPLICA-
   10  TION  OF ANY PARTY TO THE PROCEEDING, AND SHALL BE DEEMED ABANDONED WHEN
   11  AN AGENCY FAILS TO SERVE AND FILE A RECORD AND BRIEF WITHIN  TWO  MONTHS
   12  AFTER THE DATE OF THE NOTICE OF APPEAL.
   13    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