Bill S6731-2011

Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws

Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws.

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  • Mar 14, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S6731

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 OR GENERAL IDEA OF BILL: 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 SPECIFIC PROVISIONS: Adds a new paragraph (a) to Subdivision 4 of Section 89 of the public officers law, requiring an appeal to be tiled within 30 days after a court judgement on a FOIL lawsuit, and abandons the request to appeal when an agency fails to serve and tile a brief within two months after the date of the notice of appeal.

Section 2: Authorizes an immediate effective date.

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 tile 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.

PRIOR LEGISLATIVE HISTORY: 2009-10: A.6484 (Latimer) Referred to Governmental Operations

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 6731 IN SENATE March 14, 2012 ___________
Introduced by Sen. BONACIC -- 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.

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