A00114 Summary:

BILL NOA00114
 
SAME ASSAME AS S01531
 
SPONSORBuchwald
 
COSPNSROrtiz, Paulin, Jaffee, Lupardo, Galef, Weprin, Abinanti, Kavanagh, Kearns, Otis, Goodell
 
MLTSPNSRColton, Cook, Glick, Gottfried, Lifton, Magee, Thiele
 
Amd S89, Pub Off L
 
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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A00114 Actions:

BILL NOA00114
 
01/07/2015referred to governmental operations
03/03/2015reported
03/05/2015advanced to third reading cal.50
03/18/2015passed assembly
03/18/2015delivered to senate
03/18/2015REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
06/15/2015SUBSTITUTED FOR S1531
06/15/2015PASSED SENATE
06/15/2015RETURNED TO ASSEMBLY
11/30/2015delivered to governor
12/11/2015vetoed memo.274
12/11/2015tabled
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A00114 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A114
 
SPONSOR: Buchwald (MS)
  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 Subdivi- sion 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 sixty days 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 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 individual's FOIL request and functionally deny them the timely access to documents needed. In addition, a speedier resolution reduces court costs borne by all parties.   IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS: None   EFFECT ON FINES, TERMS OF IMPRISONMENT OR OTHER PENAL SANCTIONS: None   PRIOR LEGISLATIVE HISTORY: 2014: A.5306-B - Passed Assembly, 3rd Reading in Senate 2013: A.5306-B(Buchwald) - Passed Assembly 2012: A.68 (Latimer) - Passed Assembly 2011: A.68 (Latimer) - Passed Assembly, 2010: A.6484-A (Latimer) - Passed Assembly   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately
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A00114 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           114
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 7, 2015
                                       ___________
 
        Introduced  by M. of A. BUCHWALD, ORTIZ, PAULIN, JAFFEE, LUPARDO, GALEF,
          WEPRIN, ABINANTI, KAVANAGH -- Multi-Sponsored by -- M. of  A.  COLTON,
          COOK,  GLICK,  GOTTFRIED,  LIFTON,  MAGEE, SCARBOROUGH, THIELE -- read
          once and referred to the Committee on Governmental 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:
 
     1    Section 1. Subdivision 4 of section 89 of the public officers  law  is
     2  amended by adding a new paragraph (d) to read as follows:
     3    (d) Appeal to the appellate division of the supreme court must be made
     4  in  accordance  with  law,  and  must  be filed within thirty days after
     5  service by a party upon the appellant of a copy of the judgment or order
     6  appealed from and written notice of its entry. An appeal taken  from  an
     7  order  of  the  court  requiring disclosure of any or all records sought
     8  shall be given preference, shall be brought  on  for  argument  on  such
     9  terms  and  conditions as the presiding justice may direct upon applica-
    10  tion of any party to the proceeding, and shall be deemed abandoned  when
    11  an  agency  fails to serve and file a record and brief within sixty days
    12  after the date of the notice of appeal. Failure by an  agency  to  serve
    13  and file a record and brief within the allotted time shall result in the
    14  dismissal of the appeal.
    15    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00281-01-5
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