Bill Text: NY A09711 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-06-16 - substituted by s6865a [A09711 Detail]

Download: New_York-2015-A09711-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          9711
                   IN ASSEMBLY
                                      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:
     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) (i) For the purposes of this  paragraph,  "party"  means  (A)  any
     4  petitioner  requesting information under this article or any other simi-
     5  lar legislative rule or regulation,  and  (B)  any  state  or  municipal
     6  department,  board,  bureau,  division,  commission,  committee,  public
     7  authority, public corporation, council,  office  or  other  governmental
     8  entity  performing  a governmental or proprietary function for the state
     9  or any one or more municipalities thereof, except the judiciary.
    10    (ii) Appeal to the appellate division of the  supreme  court  must  be
    11  made  in accordance with law, and must be filed within thirty days after
    12  service by a party upon the appellant of a copy of the judgment or order
    13  appealed from and written notice of its entry.
    14    (iii) An appeal taken from an order of the court:
    15    (A) shall be given preference;
    16    (B) shall be brought on for argument on such terms and  conditions  as
    17  the  presiding  justice  may direct upon application of any party to the
    18  proceeding; and
    19    (C) shall be deemed abandoned if the appellant fails to serve and file
    20  a record and brief within sixty days after the date  of  the  notice  of
    21  appeal,  unless  consent to further extension is given by all parties or
    22  further extension is granted by the court, not to  exceed  thirty  days,
    23  for  cause  where  a  party  establishes  that  the matters involved are
    24  extremely complex or involve extraordinary circumstances outside of  the
    25  party's control.
    26    (iv)  Failure  by  a party to serve and file a record and brief within
    27  the allotted time shall result in the dismissal of the appeal.
    28    § 2. This act shall take effect on the one hundred eightieth day after
    29  it shall have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14313-01-6