Authorizes the assessment of attorney's fees and other litigation costs incurred upon wrongful denial of access to records under Freedom of Information Law without a finding of significant interest to the general public as previously required.

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A2254-2011 Actions

• Jan 4, 2012: referred to governmental operations
• Jan 14, 2011: referred to governmental operations

A2254-2011 Text

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

                                    2254

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              January 14, 2011
                                 ___________

  Introduced  by  M.  of  A.  BRENNAN, TITONE, SCHROEDER, MILLMAN, REILLY,
    ROSENTHAL, CLARK, WEPRIN -- Multi-Sponsored by -- M.  of  A.  BOYLAND,
    COLTON, COOK, GOTTFRIED, LANCMAN, PHEFFER -- 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 492 of the laws of 2006, is  amended
  to read as follows:

    (c)  The  court  in  such a proceeding may assess, against such agency
  involved, reasonable attorney's fees and other litigation costs  reason-
  ably  incurred  by  such person in any case under the provisions of this
  [section] ARTICLE in which [such  person  has  substantially  prevailed,
  when]:

    i.  SUCH  PERSON  HAS  SUBSTANTIALLY  PREVAILED  AND the agency had no
  reasonable basis for denying access; or
    ii. the agency failed to respond to a request  or  appeal  within  the
  statutory time; OR
    III. THE RECORD IS SUBSTANTIALLY DISCLOSED FOLLOWING THE INITIATION OF
  SUCH  PROCEEDING  BUT  PRIOR  TO A JUDICIAL DETERMINATION AND THE AGENCY
  LACKED A REASONABLE BASIS IN LAW FOR WITHHOLDING THE RECORD.
    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.
    S  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.
                                                             LBD04783-01-1