| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Apr 26, 2010 |
amended on third reading 6134b |
| Apr 26, 2010 |
vote reconsidered - restored to third reading substitution reconsidered |
| Mar 17, 2010 |
substituted by a6484a |
| Mar 04, 2010 |
advanced to third reading |
| Mar 03, 2010 |
2nd report cal. |
| Mar 02, 2010 |
1st report cal.214 |
| Jan 06, 2010 |
referred to investigations and government operations |
| Nov 05, 2009 |
print number 6134a |
| Nov 05, 2009 |
amend and recommit to rules |
| Aug 21, 2009 |
referred to rules |
Senate Bill S6134
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - On Floor Calendar
Actions
Votes
Bill Amendments
2009-S6134 - Details
2009-S6134 - Sponsor Memo
BILL NUMBER: S6134
TITLE OF BILL :
An act to amend the public officers law, in relation to limiting the
amount of time to appeal certain judgments regarding freedom of
information violations
PURPOSE OR GENERAL IDEA OF BILL :
To expedite the appeals process when a trial court has found in favor
of a FOIL request action, thereby insuring timely appellate review and
conclusion to the issue.
SUMMARY OF SPECIFIC PROVISIONS :
Adds a new paragraph (a) to Subdivision 4 of Section 89 of the public
officers law, requiring an appeal to be filed within 30 days after a
court judgment on a FOIL lawsuit, and abandons the request to appeal
when an agency fails to serve and file a brief within two months after
the date of the notice of appeal.
Section 2: Authorizes an immediate effective date.
JUSTIFICATION :
The bill creates an expedited process for determining appeals of FOIL
decisions. Under the present law, a denial of request for records may
be overturned by a court, but the agency may file a notice of appeal
and have up to 9 months to perfect the appeal. This delay, in some
2009-S6134 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6134
2009-2010 Regular Sessions
I N S E N A T E
August 21, 2009
___________
Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
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:
Section 1. Subdivision 4 of section 89 of the public officers law is
amended by adding a new paragraph (d) to read as follows:
(D) APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT MUST BE MADE
IN ACCORDANCE WITH LAW, AND MUST BE FILED WITHIN THIRTY DAYS AFTER
SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDGMENT OR ORDER
APPEALED FROM AND WRITTEN NOTICE OF ITS ENTRY. AN APPEAL TAKEN FROM OR
ORDER OF THE COURT REQUIRING DISCLOSURE OF ANY OR ALL RECORDS SOUGHT
SHALL BE GIVEN PREFERENCE, SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH
TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT UPON APPLICA-
TION OF ANY PARTY TO THE PROCEEDING, AND SHALL BE DEEMED ABANDONED WHEN
AN AGENCY FAILS TO SERVE AND FILE A RECORD AND BRIEF WITHIN TWO MONTHS
AFTER THE DATE OF THE NOTICE OF APPEAL.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10146-01-9
co-Sponsors
(D, IP) Senate District
(D, WF) Senate District
2009-S6134A - Details
2009-S6134A - Sponsor Memo
BILL NUMBER: S6134A
TITLE OF BILL :
An act to amend the public officers law, in relation to limiting the
amount of time to appeal certain judgments regarding freedom of
information violations
PURPOSE OR GENERAL IDEA OF BILL :
To expedite the appeals process when a trial court has found in favor
of a FOIL request action, thereby insuring timely appellate review and
conclusion to the issue.
SUMMARY OF SPECIFIC PROVISIONS :
Adds a new paragraph (a) to Subdivision 4 of Section 89 of the public
officers law, requiring an appeal to be filed within 30 days after a
court judgment on a FOIL lawsuit, and abandons the request to appeal
when an agency fails to serve and file a brief within two months after
the date of the notice of appeal.
Section 2: Authorizes an immediate effective date.
JUSTIFICATION :
The bill creates an expedited process for determining appeals of FOIL
decisions. Under the present law, a denial of request for records may
be overturned by a court, but the agency may file a notice of appeal
2009-S6134A - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6134--A
2009-2010 Regular Sessions
I N S E N A T E
August 21, 2009
___________
Introduced by Sen. C. JOHNSON -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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:
Section 1. Subdivision 4 of section 89 of the public officers law is
amended by adding a new paragraph (d) to read as follows:
(D) APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT MUST BE MADE
IN ACCORDANCE WITH LAW, AND MUST BE FILED WITHIN THIRTY DAYS AFTER
SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDGMENT OR ORDER
APPEALED FROM AND WRITTEN NOTICE OF ITS ENTRY. AN APPEAL TAKEN FROM AN
ORDER OF THE COURT REQUIRING DISCLOSURE OF ANY OR ALL RECORDS SOUGHT
SHALL BE GIVEN PREFERENCE, SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH
TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT UPON APPLICA-
TION OF ANY PARTY TO THE PROCEEDING, AND SHALL BE DEEMED ABANDONED WHEN
AN AGENCY FAILS TO SERVE AND FILE A RECORD AND BRIEF WITHIN TWO MONTHS
AFTER THE DATE OF THE NOTICE OF APPEAL.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10146-02-9
co-Sponsors
(D, IP) Senate District
(D, WF) Senate District
2009-S6134B (ACTIVE) - Details
2009-S6134B (ACTIVE) - Sponsor Memo
BILL NUMBER: S6134B
TITLE OF BILL :
An act to amend the public officers law, in relation to limiting the
amount of time to appeal certain judgments regarding freedom of
information violations
PURPOSE OR GENERAL IDEA OF BILL :
To expedite the appeals process when a trial court has found in favor
of a FOIL request action, thereby insuring timely appellate review and
conclusion to the issue.
SUMMARY OF SPECIFIC PROVISIONS :
Adds a new paragraph (a) to Subdivision 4 of Section 89 of the public
officers law, requiring an appeal to be filed within 30 days after a
court judgment on a FOIL lawsuit, and abandons the request to appeal
when an agency fails to serve and file a brief within six months after
the date of the notice of appeal.
Section 2: Authorizes an immediate effective date.
JUSTIFICATION :
The bill creates an expedited process for determining appeals of FOIL
decisions. Under the present law, a denial of request for records may
be overturned by a court, but the agency may file a notice of appeal
2009-S6134B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6134--B
Cal. No. 214
2009-2010 Regular Sessions
I N S E N A T E
August 21, 2009
___________
Introduced by Sens. C. JOHNSON, SAVINO, SQUADRON -- read twice and
ordered printed, and when printed to be committed to the Committee on
Rules -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Investigations and Government Operations in accordance
with Senate Rule 6, sec. 8 -- reported favorably from said committee,
ordered to first and second report, ordered to a third reading,
substituted by Assembly Bill No. 6484-A, substitution reconsidered and
vote reconsidered, restored to third reading, amended and ordered
reprinted, retaining its place in 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:
Section 1. Subdivision 4 of section 89 of the public officers law is
amended by adding a new paragraph (d) to read as follows:
(D) APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT MUST BE MADE
IN ACCORDANCE WITH LAW, AND MUST BE FILED WITHIN THIRTY DAYS AFTER
SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDGMENT OR ORDER
APPEALED FROM AND WRITTEN NOTICE OF ITS ENTRY. AN APPEAL TAKEN FROM AN
ORDER OF THE COURT REQUIRING DISCLOSURE OF ANY OR ALL RECORDS SOUGHT
SHALL BE GIVEN PREFERENCE, SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH
TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT UPON APPLICA-
TION OF ANY PARTY TO THE PROCEEDING, AND SHALL BE DEEMED ABANDONED WHEN
AN AGENCY FAILS TO SERVE AND FILE A RECORD AND BRIEF WITHIN SIX MONTHS
AFTER THE DATE OF THE NOTICE OF APPEAL.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10146-06-0
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