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A09711 Summary:

BILL NOA09711A
 
SAME ASSAME AS S06865-A
 
SPONSORBuchwald
 
COSPNSRSeawright, Santabarbara
 
MLTSPNSR
 
Amd §89, Pub Off L; amd R5521, CPLR
 
Limits the amount of time to appeal certain judgments regarding freedom of information violations.
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A09711 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9711A
 
SPONSOR: Buchwald
  TITLE OF BILL: An act to amend the public officers law and the civil practice law and rules, in relation to limiting the amount of time to appeal certain judgments regarding freedom of information violations   PURPOSE OR GENERAL IDEA OF BILL: This bill expedites the appeals process for agencies when a trial court has rendered a FOIL decision, thereby insuring timely appellate review and conclusion to the issue. Summary Of Specific Provisions: Section 1 of the bill adds a new paragraph (d) to Subdivision 4 of Section 89 of the Public Officers Law to: (1) provide that appeals to the appellate division be made in accordance with subdivision (a) of section 5513 of the civil practice law and rules; and (2) provide that an appeal from an agency shall be given preference, brought on for argu- ment on such terms as the presiding justice may direct, and shall be deemed abandoned if the agency fails to perfect the appeal within 60 days after the notice of appeal, unless consent to further extension is given by all parties or is granted by the court upon such terms as may be just and upon good cause shown. Section 2 amends Rule 5521 of the civil practice law and rules to include the aforementioned preference in the CPLR. Section 3 provides that this act shall take effect one hundred eighty days after it shall have become law.   JUSTIFICATION: This bill creates an expedited process for determining agency appeals of FOIL decisions. Under present law, a denial of request for records may be overturned by a court, but the appealing party may file a notice of appeal and have up to 9 months to perfect the appeal. This lengthy time- frame may create an unfairness or restriction of rights for the non-a- gency party involved. In addition, delay in determination of disclosure, through a dilatory process of appeal, may make moot a FOIL request and functionally deny the timely access to documents needed. Furthermore, agencies have significant expertise and resources, which renders such a shortened timeframe to appeal reasonable, and the possibility for the parties or court to provide more time for an agency to perfect its appeal is an appropriate mechanism to provide an agency additional time if justified. Finally, a speedier resolution to these cases reduces court costs borne by all parties.   PRIOR LEGISLATIVE HISTORY: This bill updates bill A.114 (2015) - veto memo 274 of 2015.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect one hundred eighty days after it shall become law.
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