|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 10, 2013||recommit, enacting clause stricken|
|Jan 10, 2013||referred to investigations and government operations|
senate Bill S2065
Archive: Last Bill Status - STRICKEN
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2065 - Details
S2065 - Summary
Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws.
S2065 - Sponsor Memo
BILL NUMBER:S2065 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: 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 PROVISIONS: Adds a new paragraph (d) 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. EXISTING LAW: Adds a new paragraph to Article 6, Subdivision 4 of Section 89 of the Public Officers Law 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
S2065 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2065 2013-2014 Regular Sessions I N S E N A T E January 10, 2013 ___________ Introduced by Sen. LATIMER -- 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. LBD06266-01-3
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