Bill Text: NY S06731 | 2011-2012 | General Assembly | Introduced
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 (Republican 1-0)
Status: (Introduced - Dead) 2012-03-14 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S06731 Detail]
Download: New_York-2011-S06731-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6731
I N S E N A T E
March 14, 2012
___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment 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
