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

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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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to investigations and government operations
Jan 17, 2017	referred to investigations and government operations

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

                                
 
BILL NUMBER: S2817              Revised 1/8/18

SPONSOR: LANZA
 
PURPOSE:

To require that a proceeding to stop disclosure of a record be given.
preference by the courts and heard in an expedited manner.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision five of section eighty-nine of the public
officers law to provide that a proceeding commenced to review an adverse
determination pursuant to paragraph (c) of section eighty-nine 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.

This section also provides that an 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. An appeal taken from an order of the court requiring disclosure
shall be given preference and shall be brought on for argument on such

terms and conditions as the presiding justice may direct, upon applica-
tion by any party to the proceeding. This action shall be deemed aban-
doned when the party requesting an exclusion from disclosure fails to
serve and file a record and brief within sixty days after the date of
the notice of appeal, unless consent of 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.

Second two amends subdivision b of rule 5521 of the civil practice law
and rules to give reference to a proceeding to review an adverse deter-
mination, pursuant to paragraph (d) of subdivision five of section
eighty nine of the public officers law.

Section three provides the effective date.

 
JUSTIFICATION:

Subdivision five of section eighty-nine of the Freedom of Information
Law relates to disclosures that would cause substantial injury to the
competitive. position of a commercial enterprise. This is the only
grounds upon which a person or entity may initiate a judicial proceeding
to prevent the government from disclosing records to the public. The
government will then be required to expend time and money to defend its
position that the record should be disclosed, a cost which is passed
along to taxpayers.

Unlike proceedings initiated by individuals who have been denied access
to requested records, this is a situation in which a person or entity is
seeking to block records from being released when the agency believes
the records must be disclosed. Often, commercial enterprises initiate
these proceedings to cause delays and prevent the release of records
that could affect a business deal or other action. Ensuring that these
proceedings are brought on for argument in an expedited manner will
prevent the use of these challenges as a delay tactic.

 
LEGISLATIVE HISTORY:

2017: S.2617 - Referred to Investigations & Government Operations /
A.2878 - Referred to Codes
2016: S.3390 - Investigations & Government Operations/ A.327 - Govern-
mental Operations.
2015: S.3390 - Investigations & Government Operations /
A.327-Governmental Operations.
2014:  S.7570 - Investigations & Government Operations / A.2057 -
Reported to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided however, that if chapter 487 of the
laws of 2016 shall not have taken effect on or before such date then
section two of this act shall take effect on the same date and in the
same manner as such chapter of the laws of 2016 takes effect.

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

 S. 2817                             2
 
   (C)  SHALL  BE DEEMED ABANDONED WHEN THE PARTY REQUESTING AN EXCLUSION
 FROM DISCLOSURE FAILS TO SERVE AND FILE A RECORD AND BRIEF WITHIN  SIXTY
 DAYS  AFTER  THE DATE OF THE NOTICE OF APPEAL, UNLESS CONSENT OF FURTHER
 EXTENSION IS GIVEN BY ALL PARTIES, OR UNLESS FURTHER EXTENSION IS GRANT-
 ED  BY  THE  COURT  UPON  SUCH  TERMS AS MAY BE JUST AND UPON GOOD CAUSE
 SHOWN.
   § 2. Subdivision (b) of rule 5521 of the civil practice law and rules,
 as amended by chapter 487 of the laws of 2016, is  amended  to  read  as
 follows:
   (b) Consistent with the provisions of section one thousand one hundred
 twelve  of  the  family  court  act,  appeals  from orders, judgments or
 decrees in proceedings brought pursuant to articles  three,  seven,  ten
 and  ten-A and parts one and two of article six of the family court act,
 and pursuant to sections  three  hundred  fifty-eight-a,  three  hundred
 eighty-three-c,  three  hundred  eighty-four,  and three hundred eighty-
 four-b of the social services law, and  pursuant  to  paragraph  (d)  of
 subdivision  four  AND SUBPARAGRAPH (II) OF PARAGRAPH (D) OF SUBDIVISION
 FIVE of section eighty-nine of the public officers law, shall  be  given
 preference  and  may be brought on for argument on such terms and condi-
 tions as the court may direct without the necessity of a motion.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that if  chapter  487  of
 the laws of 2016 shall not have taken effect on or before such date then
 section  two  of  this act shall take effect on the same date and in the
 same manner as such chapter of the laws of 2016 takes effect.

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Senate Bill S2817

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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co-Sponsors

2017-S2817 (ACTIVE) - Details

2017-S2817 (ACTIVE) - Summary

2017-S2817 (ACTIVE) - Sponsor Memo

2017-S2817 (ACTIVE) - Bill Text download pdf

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

co-Sponsors

Luis R. Sepúlveda

2017-S2817 (ACTIVE) - Details

2017-S2817 (ACTIVE) - Summary

2017-S2817 (ACTIVE) - Sponsor Memo

2017-S2817 (ACTIVE) - Bill Text download pdf

Comments