| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 14, 2012 |
referred to investigations and government operations |
Senate Bill S6731
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee
Actions
2011-S6731 (ACTIVE) - Details
2011-S6731 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6731
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 tiled within 30 days after a
court judgement on a FOIL lawsuit, and abandons the request to
appeal when an agency fails to serve and tile 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 tile a notice of appeal
2011-S6731 (ACTIVE) - Bill Text download pdf
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:
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.
LBD00716-01-1
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