S2065-2013 Actions

• Jan 10, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S2065-2013 Memo

BILL NUMBER:S2065

TITLE OF BILL:  An act to amend the public officers law, in relation
to limiting the amount of time to appeal certain judgments regarding
freedom of information violations

PURPOSE: To expedite the appeals process when a trial court has found
in favor of a FOIL request action, thereby insuring timely appellate
review and conclusion to the issue.

SUMMARY OF PROVISIONS: Adds a new paragraph (d) to Subdivision 4 of

Section 89 of the public officers law, requiring an appeal to be filed
within 30 days after a court judgment on a FOIL lawsuit, and abandons
the request to appeal when an agency fails to serve and file a brief
within two months after the date of the notice of appeal.

Section 2: Authorizes an immediate effective date.

EXISTING LAW: Adds a new paragraph to Article 6, Subdivision 4 of

Section 89 of the Public Officers Law

JUSTIFICATION: The bill creates an expedited process for determining
appeals of FOIL decisions. Under the present law, a denial of request
for records may be overturned by a court, but the agency may file a
notice of appeal and have up to 9 months to perfect the appeal. This
delay, in some circumstances, may create an unfairness or a
restriction of rights to an individual; the delaying of disclosure,
through the normal process of appeal, may make moot the individuals
FOIL request and functionally deny them the timely access to documents
needed.

In addition, a speedier resolution reduces court costs borne by all
parties.

LEGISLATIVE HISTORY:  2009-10 A.6484 (Latimer) Referred to
Governmental Operations in the N.Y.S. Assembly, 2011-12: A68 (Latimer)
Passed Assembly 2011-12 S6731 (Bonacic) REFERRED TO INVESTIGATIONS AND
GOVERNMENT OPERATIONS in the N.Y.S. Senate

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately

S2065-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2065
 2013-2014 Regular Sessions
 I N  SENATE
 January 10, 2013
 
 Introduced  by  Sen. LATIMER -- 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, in  relation  to  limiting  the
 amount of time to appeal certain judgments regarding freedom of infor
 mation violations
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 4 of section 89 of the public officers  law  is
 amended by adding a new paragraph (d) to read as follows:

 (D) APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT MUST BE MADE
 IN  ACCORDANCE  WITH  LAW,  AND  MUST  BE FILED WITHIN THIRTY DAYS AFTER
 SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDGMENT OR ORDER
 APPEALED FROM AND WRITTEN NOTICE OF ITS ENTRY. AN APPEAL TAKEN  FROM  AN
 ORDER  OF  THE  COURT  REQUIRING DISCLOSURE OF ANY OR ALL RECORDS SOUGHT
 SHALL BE GIVEN PREFERENCE, SHALL BE BROUGHT  ON  FOR  ARGUMENT  ON  SUCH
 TERMS  AND  CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT UPON APPLICA
 TION OF ANY PARTY TO THE PROCEEDING, AND SHALL BE DEEMED ABANDONED  WHEN
 AN  AGENCY  FAILS TO SERVE AND FILE A RECORD AND BRIEF WITHIN TWO MONTHS
 AFTER THE DATE OF THE NOTICE OF APPEAL.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06266-01-3

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