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Assembly Bill A5306B

2013-2014 Legislative Session

Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A5306 - Details

See Senate Version of this Bill:
S5673
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6484
2011-2012: A68
2015-2016: A114, S1531

2013-A5306 - Summary

Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws.

2013-A5306 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5306

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

Introduced  by M. of A. BUCHWALD, ORTIZ, PAULIN, JAFFEE, CASTRO, MAISEL,
  LUPARDO, MILLMAN, GALEF, GABRYSZAK, WEPRIN -- Multi-Sponsored by -- M.
  of A. COLTON, COOK,  GLICK,  GOTTFRIED,  LIFTON,  MAGEE,  SCARBOROUGH,
  THIELE  --  read  once  and  referred to the Committee 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:

  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.
                                                           LBD06266-01-3

co-Sponsors

multi-Sponsors

2013-A5306A - Details

See Senate Version of this Bill:
S5673
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6484
2011-2012: A68
2015-2016: A114, S1531

2013-A5306A - Summary

Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws.

2013-A5306A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5306--A
                                                         Cal. No. 91

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

Introduced by M. of A. BUCHWALD, ORTIZ, PAULIN, JAFFEE, MAISEL, LUPARDO,
  MILLMAN,  GALEF,  GABRYSZAK,  WEPRIN -- Multi-Sponsored by -- M. of A.
  COLTON, COOK, GLICK, GOTTFRIED, LIFTON, MAGEE, SCARBOROUGH, THIELE  --
  read  once and referred to the Committee on Governmental Operations --
  passed by Assembly and delivered to  the  Senate,  recalled  from  the
  Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
  its place on the special 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 TWO MONTHS
OR SIXTY DAYS, WHICHEVER IS GREATER, AFTER THE DATE  OF  THE  NOTICE  OF
APPEAL. FAILURE BY AN AGENCY TO SERVE AND FILE A RECORD AND BRIEF WITHIN
THE ALLOTTED TIME SHALL RESULT IN THE DISMISSAL OF THE 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.
                                                           LBD06266-02-3

co-Sponsors

multi-Sponsors

2013-A5306B (ACTIVE) - Details

See Senate Version of this Bill:
S5673
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6484
2011-2012: A68
2015-2016: A114, S1531

2013-A5306B (ACTIVE) - Summary

Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws.

2013-A5306B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5306--B
                                                         Cal. No. 91

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2013
                               ___________

Introduced by M. of A. BUCHWALD, ORTIZ, PAULIN, JAFFEE, MAISEL, LUPARDO,
  MILLMAN,  GALEF,  GABRYSZAK,  WEPRIN -- Multi-Sponsored by -- M. of A.
  COLTON, COOK, GLICK, GOTTFRIED, LIFTON, MAGEE, SCARBOROUGH, THIELE  --
  read  once and referred to the Committee on Governmental Operations --
  passed by Assembly and delivered to  the  Senate,  recalled  from  the
  Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
  its place on the order of third reading  --  again  amended  on  third
  reading,  ordered reprinted, retaining its place on 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 SIXTY DAYS
AFTER THE DATE OF THE NOTICE OF APPEAL. FAILURE BY AN  AGENCY  TO  SERVE
AND FILE A RECORD AND BRIEF WITHIN THE ALLOTTED TIME SHALL RESULT IN THE
DISMISSAL OF THE 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.
                                                           LBD06266-04-3

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