STATE OF NEW YORK ________________________________________________________________________ 6865--A IN SENATE March 2, 2016 ___________ Introduced by Sens. RANZENHOFER, DeFRANCISCO, GALLIVAN, LITTLE, SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public officers law and the civil practice law and rules, in relation to limiting the amount of time to appeal certain judgments regarding freedom of information 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) Appeal to the appellate division of the supreme court must be 4 made in accordance with subdivision (a) of section fifty-five hundred 5 thirteen of the civil practice law and rules. 6 (ii) An appeal from an agency taken from an order of the court requir- 7 ing disclosure of any or all records sought: 8 (A) shall be given preference; 9 (B) shall be brought on for argument on such terms and conditions as 10 the presiding justice may direct, upon application of any party to the 11 proceeding; and 12 (C) shall be deemed abandoned if the agency fails to serve and file a 13 record and brief within sixty days after the date of service upon the 14 petitioner of the notice of appeal, unless consent to further extension 15 is given by all parties, or unless further extension is granted by the 16 court upon such terms as may be just and upon good cause shown. 17 § 2. Rule 5521 of the civil practice law and rules, as amended by 18 chapter 582 of the laws of 1991, subdivision (b) as amended by section 19 65 of part A of chapter 3 of the laws of 2005, is amended to read as 20 follows: 21 Rule 5521. Preferences. (a) Preferences in the hearing of an appeal 22 may be granted in the discretion of the court to which the appeal is 23 taken. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14313-03-6S. 6865--A 2 1 (b) Consistent with the provisions of section one thousand one hundred 2 twelve of the family court act, appeals from orders, judgments or 3 decrees in proceedings brought pursuant to articles three, seven, ten 4 and ten-A and parts one and two of article six of the family court act, 5 and pursuant to sections three hundred fifty-eight-a, three hundred 6 eighty-three-c, three hundred eighty-four, and three hundred eighty- 7 four-b of the social services law, and pursuant to paragraph (d) of 8 subdivision four of section eighty-nine of the public officers law, 9 shall be given preference and may be brought on for argument on such 10 terms and conditions as the court may direct without the necessity of a 11 motion. 12 § 3. This act shall take effect on the one hundred eightieth day after 13 it shall have become a law.