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A05306 Summary:

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A05306 Floor Votes:

A05306 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5306--B
                                                                 Cal. No. 91
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 22, 2013
                                       ___________
 
        Introduced by M. of A. BUCHWALD, ORTIZ, PAULIN, JAFFEE, MAISEL, LUPARDO,
          MILLMAN,  GALEF,  GABRYSZAK,  WEPRIN -- Multi-Sponsored by -- M. of A.
          COLTON, COOK, GLICK, GOTTFRIED, LIFTON, MAGEE, SCARBOROUGH, THIELE  --
          read  once and referred to the Committee on Governmental Operations --

          passed by Assembly and delivered to  the  Senate,  recalled  from  the
          Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
          its place on the order of third reading  --  again  amended  on  third
          reading,  ordered reprinted, retaining its place on the order of third
          reading
 
        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.
                                                                   LBD06266-04-3