Bill Text: NY A05306 | 2013-2014 | General Assembly | Amended

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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 19-0)

Status: (Engrossed - Dead) 2014-03-19 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [A05306 Detail]

Download: New_York-2013-A05306-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5306--B
                                                                Cal. No. 91
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 22, 2013
                                      ___________
       Introduced by M. of A. BUCHWALD, ORTIZ, PAULIN, JAFFEE, MAISEL, LUPARDO,
         MILLMAN,  GALEF,  GABRYSZAK,  WEPRIN -- Multi-Sponsored by -- M. of A.
         COLTON, COOK, GLICK, GOTTFRIED, LIFTON, MAGEE, SCARBOROUGH, THIELE  --
         read  once and referred to the Committee on Governmental Operations --
         passed by Assembly and delivered to  the  Senate,  recalled  from  the
         Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
         its place on the order of third reading  --  again  amended  on  third
         reading,  ordered reprinted, retaining its place on the order of third
         reading
       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 SIXTY DAYS
   12  AFTER THE DATE OF THE NOTICE OF APPEAL. FAILURE BY AN  AGENCY  TO  SERVE
   13  AND FILE A RECORD AND BRIEF WITHIN THE ALLOTTED TIME SHALL RESULT IN THE
   14  DISMISSAL OF THE APPEAL.
   15    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06266-04-3