S T A T E O F N E W Y O R K
________________________________________________________________________
9340
2025-2026 Regular Sessions
I N A S S E M B L Y
December 10, 2025
___________
Introduced by M. of A. SCHIAVONI, R. CARROLL -- read once and referred
to the Committee on Governmental Operations
AN ACT to amend the public officers law, in relation to permitting
assessment of certain fees and costs upon wrongful denial of access to
records under the freedom of information law
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 4 of section 89 of the public
officers law, as amended by chapter 453 of the laws of 2017, is amended
to read as follows:
(c) The court in such a proceeding: (i) may assess, against such agen-
cy involved, reasonable attorney's fees and other litigation costs
reasonably incurred by such person in any case under the provisions of
this [section] ARTICLE in which such person has substantially prevailed,
[and when] OR IN WHICH the agency failed to respond to a request or
appeal within the statutory time; and (ii) shall assess, against such
agency involved, reasonable attorney's fees and other litigation costs
reasonably incurred by such person in any case under the provisions of
this [section] ARTICLE in which such person has substantially prevailed
and the court finds that the agency had no reasonable basis for denying
access. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED TO ABRIDGE OR DENY
ANY RIGHT OR REMEDY AVAILABLE UNDER ARTICLE EIGHTY-SIX OF THE CIVIL
PRACTICE LAW AND RULES.
§ 2. This act shall take effect on the first of September next
succeeding the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11124-01-5
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