Senate Bill S2817

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 - In Senate Committee Investigations And Government Operations Committee


  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2017-S2817 (ACTIVE) - Details

See Assembly Version of this Bill:
A2879
Current Committee:
Senate Investigations And Government Operations
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L; amd R5521, CPLR
Versions Introduced in 2019-2020 Legislative Session:
S3369, A414

2017-S2817 (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-S2817 (ACTIVE) - Sponsor Memo

2017-S2817 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2817
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 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
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.