assembly Bill A414A

Signed By Governor
2019-2020 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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Sponsored By

Current Bill Status Via S4685 - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 20, 2019 signed chap.707
Dec 17, 2019 delivered to governor
Jun 03, 2019 returned to senate
passed assembly
ordered to third reading cal.470
substituted for a414a
Jun 03, 2019 substituted by s4685a
May 30, 2019 advanced to third reading cal.470
reported
May 21, 2019 reported referred to codes
May 01, 2019 print number 414a
May 01, 2019 amend and recommit to governmental operations
Jan 09, 2019 referred to governmental operations

Votes

view votes

Apr 9, 2019 - Investigations and Government Operations committee Vote

S4685
6
1
committee
6
Aye
1
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 9, 2019

nay (1)

Co-Sponsors

Multi-Sponsors

A414 - Details

See Senate Version of this Bill:
S4685
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L; amd R5521, CPLR
Versions Introduced in 2017-2018 Legislative Session:
A2879

A414 - Summary

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

A414 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   414

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

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

Co-Sponsors

Multi-Sponsors

A414A (ACTIVE) - Details

See Senate Version of this Bill:
S4685
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L; amd R5521, CPLR
Versions Introduced in 2017-2018 Legislative Session:
A2879

A414A (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.

A414A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 414--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2019
                               ___________

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 -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00605-03-9