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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 12, 2018 referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.91
rules report cal.91
Jun 11, 2018 reported
Jun 05, 2018 reported referred to rules
Jan 03, 2018 referred to codes
Jun 06, 2017 reported referred to rules
May 22, 2017 reported referred to codes
Jan 23, 2017 referred to governmental operations

Co-Sponsors

Multi-Sponsors

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

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.

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