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Senate Bill S5673

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 Rules Committee

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2013-S5673 (ACTIVE) - Details

See Assembly Version of this Bill:
A5306
Current Committee:
Senate Rules
Law Section:
Public Officers Law
Laws Affected:
Amd ยง89, Pub Off L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6484
2011-2012: A68
2015-2016: S1531, A114

2013-S5673 (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-S5673 (ACTIVE) - Sponsor Memo

2013-S5673 (ACTIVE) - Bill Text download pdf 

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

                                  5673

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 3, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government 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  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.
                                                           LBD11318-01-3

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