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
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