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Assembly Bill A2879

2017-2018 Legislative Session

Relates to preference given to an appeal to the appellate division of the supreme court regarding a denial of an exception from disclosure

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2017-A2879 (ACTIVE) - Details

See Senate Version of this Bill:
S2817
Current Committee:
Senate Rules
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L; amd R5521, CPLR
Versions Introduced in 2019-2020 Legislative Session:
A414, S3369

2017-A2879 (ACTIVE) - Summary

Relates to preference given to an appeal to the appellate division of the supreme court regarding a denial of an exception from disclosure.

2017-A2879 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2879
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. PAULIN, GALEF, WEPRIN -- Multi-Sponsored by -- M.
   of  A.   LUPARDO, THIELE -- read once and referred to the Committee on
   Governmental Operations
 
 AN ACT to amend the public officers law and the civil practice  law  and
   rules,  in  relation to preference given to an appeal to the appellate
   division of the supreme court regarding a denial of an exception  from
   disclosure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (d) of subdivision 5 of section 89 of the  public
 officers  law, as amended by chapter 339 of the laws of 2004, is amended
 to read as follows:
   (d) (I) A proceeding to review an adverse  determination  pursuant  to
 paragraph  (c)  of this subdivision may be commenced pursuant to article
 seventy-eight of the civil practice law and rules. Such proceeding, when
 brought by a person seeking an exception  from  disclosure  pursuant  to
 this  subdivision,  must be commenced within fifteen days of the service
 of the written notice containing the adverse determination provided  for
 in subparagraph two of paragraph (c) of this subdivision. THE PROCEEDING
 SHALL  BE  GIVEN PREFERENCE AND SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH
 TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT, NOT TO  EXCEED
 FORTY-FIVE DAYS.
   (II)  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.
   (III) AN APPEAL TAKEN FROM AN ORDER OF THE COURT REQUIRING DISCLOSURE:
   (A) SHALL BE GIVEN PREFERENCE; AND
   (B)  SHALL  BE BROUGHT ON FOR ARGUMENT ON SUCH TERMS AND CONDITIONS AS
 THE PRESIDING JUSTICE MAY DIRECT, UPON APPLICATION BY ANY PARTY  TO  THE
 PROCEEDING; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06642-01-7

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