Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Nov 28, 2016 |
signed chap.487 |
Nov 16, 2016 |
delivered to governor |
Jun 16, 2016 |
returned to senate passed assembly ordered to third reading rules cal.449 substituted for a9711a |
Jun 15, 2016 |
referred to codes delivered to assembly passed senate |
Jun 08, 2016 |
ordered to third reading cal.1568 committee discharged and committed to rules |
May 13, 2016 |
print number 6865a |
May 13, 2016 |
amend (t) and recommit to investigations and government operations |
Mar 02, 2016 |
referred to investigations and government operations |
Senate Bill S6865A
Signed By Governor2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
(R, C, IP) Senate District
(R, C) 60th Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
2015-S6865 - Details
- See Assembly Version of this Bill:
- A9711
- Law Section:
- Public Officers Law
- Laws Affected:
- Amd §89, Pub Off L; amd R5521, CPLR
2015-S6865 - Sponsor Memo
BILL NUMBER: S6865 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 rendered a FOIL decision, thereby insuring timely appellate review and conclusion to the issue. SUMMARY OF SPECIFIC PROVISIONS : Section 1 - Adds a new paragraph (d) to Subdivision 4 of Section 89 of the Public Officers Law, (1) defining "party" for the purposes of this paragraph as the petitioner, all public entities, including the Legislature, except for the Judiciary; (2) requiring an appeal to be filed in accordance with law within 30 days after a court judgment on a FOIL lawsuit; (3)providing that such appeals will be given a preference; (4) providing for an expedited process for review and; (5) providing that a request for appeal will be deemed abandoned if the appealing party fails to perfect the appeal within sixty days after the date of notice of appeal, subject to agreement of the parties, or court extension for cause of up to an additional thirty days.
2015-S6865 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6865 I N S E N A T E March 2, 2016 ___________ 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) (I) FOR THE PURPOSES OF THIS PARAGRAPH, "PARTY" MEANS (A) ANY PETITIONER REQUESTING INFORMATION UNDER THIS ARTICLE OR ANY OTHER SIMI- LAR LEGISLATIVE RULE OR REGULATION, AND (B) ANY STATE OR MUNICIPAL DEPARTMENT, BOARD, BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPORATION, COUNCIL, OFFICE OR OTHER GOVERNMENTAL ENTITY PERFORMING A GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE OR ANY ONE OR MORE MUNICIPALITIES THEREOF, EXCEPT THE JUDICIARY. (II) 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. (III) AN APPEAL TAKEN FROM AN ORDER OF THE COURT: (A) SHALL BE GIVEN PREFERENCE; (B) SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT UPON APPLICATION OF ANY PARTY TO THE PROCEEDING; AND (C) SHALL BE DEEMED ABANDONED IF THE APPELLANT FAILS TO SERVE AND FILE A RECORD AND BRIEF WITHIN SIXTY DAYS AFTER THE DATE OF THE NOTICE OF APPEAL, UNLESS CONSENT TO FURTHER EXTENSION IS GIVEN BY ALL PARTIES OR FURTHER EXTENSION IS GRANTED BY THE COURT, NOT TO EXCEED THIRTY DAYS, FOR CAUSE WHERE A PARTY ESTABLISHES THAT THE MATTERS INVOLVED ARE EXTREMELY COMPLEX OR INVOLVE EXTRAORDINARY CIRCUMSTANCES OUTSIDE OF THE PARTY'S CONTROL. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14313-01-6
co-Sponsors
(R, C, IP) Senate District
(R, C) 60th Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
2015-S6865A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9711
- Law Section:
- Public Officers Law
- Laws Affected:
- Amd §89, Pub Off L; amd R5521, CPLR
2015-S6865A (ACTIVE) - Sponsor Memo
BILL NUMBER: S6865A TITLE OF BILL : An act to amend the public officers law and the civil practice law and rules, 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 rendered a FOIL decision, thereby insuring timely appellate review and conclusion to the issue. SUMMARY OF SPECIFIC PROVISIONS : Section 1 - adds a new paragraph (d) to Subdivision 4 of Section 89 of the Public Officers Law, (1) requiring an appeal to be filed in accordance with CPLR 5513; providing that such appeals will be given a preference; and; (2) providing that a request for appeal will be deemed abandoned if the appealing party fails to perfect the appeal within sixty days after the date of notice of appeal, subject to agreement of the parties, or court extension for cause. Section 2 - amends rule 5521 of the CPLR section (b) to refer to new paragraph (d) of subdivision 4 of section 89 of the Public Officers Law.
2015-S6865A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6865--A I N S E N A T E March 2, 2016 ___________ Introduced by Sens. RANZENHOFER, DeFRANCISCO, GALLIVAN, LITTLE, SERINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public officers law and the civil practice law and rules, in relation to limiting the amount of time to appeal certain judgments regarding freedom of information 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) (I) APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT MUST BE MADE IN ACCORDANCE WITH SUBDIVISION (A) OF SECTION FIFTY-FIVE HUNDRED THIRTEEN OF THE CIVIL PRACTICE LAW AND RULES. (II) AN APPEAL FROM AN AGENCY TAKEN FROM AN ORDER OF THE COURT REQUIR- ING DISCLOSURE OF ANY OR ALL RECORDS SOUGHT: (A) SHALL BE GIVEN PREFERENCE; (B) SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT, UPON APPLICATION OF ANY PARTY TO THE PROCEEDING; AND (C) SHALL BE DEEMED ABANDONED IF THE AGENCY FAILS TO SERVE AND FILE A RECORD AND BRIEF WITHIN SIXTY DAYS AFTER THE DATE OF SERVICE UPON THE PETITIONER OF THE NOTICE OF APPEAL, UNLESS CONSENT TO FURTHER EXTENSION IS GIVEN BY ALL PARTIES, OR UNLESS FURTHER EXTENSION IS GRANTED BY THE COURT UPON SUCH TERMS AS MAY BE JUST AND UPON GOOD CAUSE SHOWN. S 2. Rule 5521 of the civil practice law and rules, as amended by chapter 582 of the laws of 1991, subdivision (b) as amended by section 65 of part A of chapter 3 of the laws of 2005, is amended to read as follows: Rule 5521. Preferences. (a) Preferences in the hearing of an appeal may be granted in the discretion of the court to which the appeal is taken. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14313-03-6
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