Bill Text: NY A02879 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to preference given to an appeal to the appellate division of the supreme court regarding a denial of an exception from disclosure.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed - Dead) 2018-06-12 - REFERRED TO RULES [A02879 Detail]

Download: New_York-2017-A02879-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2879
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 23, 2017
                                       ___________
        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
        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:
     1    Section 1. Paragraph (d) of subdivision 5 of section 89 of the  public
     2  officers  law, as amended by chapter 339 of the laws of 2004, is amended
     3  to read as follows:
     4    (d) (i) A proceeding to review an adverse  determination  pursuant  to
     5  paragraph  (c)  of this subdivision may be commenced pursuant to article
     6  seventy-eight of the civil practice law and rules. Such proceeding, when
     7  brought by a person seeking an exception  from  disclosure  pursuant  to
     8  this  subdivision,  must be commenced within fifteen days of the service
     9  of the written notice containing the adverse determination provided  for
    10  in subparagraph two of paragraph (c) of this subdivision. The proceeding
    11  shall  be  given preference and shall be brought on for argument on such
    12  terms and conditions as the presiding justice may direct, not to  exceed
    13  forty-five days.
    14    (ii)  Appeal  to  the  appellate division of the supreme court must be
    15  made in accordance with subdivision (a) of  section  fifty-five  hundred
    16  thirteen of the civil practice law and rules.
    17    (iii) An appeal taken from an order of the court requiring disclosure:
    18    (A) shall be given preference; and
    19    (B)  shall  be brought on for argument on such terms and conditions as
    20  the presiding justice may direct, upon application by any party  to  the
    21  proceeding; and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06642-01-7
        A. 2879                             2
     1    (C)  shall  be deemed abandoned when the party requesting an exclusion
     2  from disclosure fails to serve and file a record and brief within  sixty
     3  days  after  the date of the notice of appeal, unless consent of further
     4  extension is given by all parties, or unless further extension is grant-
     5  ed  by  the  court  upon  such  terms as may be just and upon good cause
     6  shown.
     7    § 2. Subdivision (b) of rule 5521 of the civil practice law and rules,
     8  as amended by chapter 487 of the laws of 2016, is  amended  to  read  as
     9  follows:
    10    (b) Consistent with the provisions of section one thousand one hundred
    11  twelve  of  the  family  court  act,  appeals  from orders, judgments or
    12  decrees in proceedings brought pursuant to articles  three,  seven,  ten
    13  and  ten-A and parts one and two of article six of the family court act,
    14  and pursuant to sections  three  hundred  fifty-eight-a,  three  hundred
    15  eighty-three-c,  three  hundred  eighty-four,  and three hundred eighty-
    16  four-b of the social services law, and  pursuant  to  paragraph  (d)  of
    17  subdivision  four  and subparagraph (ii) of paragraph (d) of subdivision
    18  five of section eighty-nine of the public officers law, shall  be  given
    19  preference  and  may be brought on for argument on such terms and condi-
    20  tions as the court may direct without the necessity of a motion.
    21    § 3. This act shall take effect on the one hundred eightieth day after
    22  it shall have become a law; provided, however, that if  chapter  487  of
    23  the laws of 2016 shall not have taken effect on or before such date then
    24  section  two  of  this act shall take effect on the same date and in the
    25  same manner as such chapter of the laws of 2016 takes effect.