Senate Bill S4685

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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Archive: Last Bill Status - Signed by Governor


  • 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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Bill Amendments

2019-S4685 - Details

Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L; amd R5521, CPLR

2019-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.

2019-S4685 - Sponsor Memo

2019-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
              

2019-S4685A (ACTIVE) - Details

Law Section:
Public Officers Law
Laws Affected:
Amd §89, Pub Off L; amd R5521, CPLR

2019-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.

2019-S4685A (ACTIVE) - Sponsor Memo

2019-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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