senate Bill S4685A

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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Current Bill Status - 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 (14)
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
May 07, 2019 referred to governmental operations
delivered to assembly
passed senate
Apr 29, 2019 advanced to third reading
amended 4685a
Apr 10, 2019 2nd report cal.
Apr 09, 2019 1st report cal.412
Mar 20, 2019 referred to investigations and government 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)

S4685 - Details

See Assembly Version of this Bill:
A414
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L; amd R5521, CPLR
Versions Introduced in 2017-2018 Legislative Session:
A2879

S4685 - Summary

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

S4685 - Sponsor Memo

S4685 - Bill Text download pdf


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

                                  4685

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 20, 2019
                               ___________

Introduced  by  Sen. SKOUFIS -- 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.
                                                           LBD10500-01-9

S4685A (ACTIVE) - Details

See Assembly Version of this Bill:
A414
Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L; amd R5521, CPLR
Versions Introduced in 2017-2018 Legislative Session:
A2879

S4685A (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.

S4685A (ACTIVE) - Sponsor Memo

S4685A (ACTIVE) - Bill Text download pdf


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

                                 4685--A
    Cal. No. 412

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 20, 2019
                               ___________

Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations -- reported favorably from said committee, ordered  to
  first  and second report, amended on second report, ordered to a third
  reading, and to be reprinted as amended, retaining its  place  in  the
  order of third reading

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.

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