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A00114 Summary:

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A00114 Committee Votes:

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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