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S04685 Summary:

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S04685 Committee Votes:

S04685 Floor Votes:

S04685 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4685--A
            Cal. No. 412
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                     March 20, 2019
                                       ___________
 
        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Investigations and Govern-
          ment Operations -- reported favorably from said committee, ordered  to
          first  and second report, amended on second report, ordered to a third
          reading, and to be reprinted as amended, retaining its  place  in  the
          order of third reading
 
        AN  ACT  to amend the public officers law and the civil practice law and
          rules, in relation to preference given to an appeal to  the  appellate
          division  of the supreme court regarding a denial of an exception from
          disclosure
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraph (d) of subdivision 5 of section 89 of the public
     2  officers law, as amended by chapter 339 of the laws of 2004, is  amended
     3  to read as follows:
     4    (d)  (i)  A  proceeding to review an adverse determination pursuant to
     5  paragraph (c) of this subdivision may be commenced pursuant  to  article
     6  seventy-eight of the civil practice law and rules. Such proceeding, when
     7  brought  by  a  person  seeking an exception from disclosure pursuant to
     8  this subdivision, must be commenced within fifteen days of  the  service
     9  of  the written notice containing the adverse determination provided for
    10  in subparagraph two of paragraph (c) of this subdivision. The proceeding
    11  shall be given preference and shall be brought on for argument  on  such
    12  terms  and conditions as the presiding justice may direct, not to exceed
    13  forty-five days.
    14    (ii) Appeal to the appellate division of the  supreme  court  must  be
    15  made  in  accordance  with subdivision (a) of section fifty-five hundred
    16  thirteen of the civil practice law and rules.
    17    (iii) An appeal taken from an order of the court requiring disclosure:
    18    (A) shall be given preference; and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10500-03-9
        S. 4685--A                          2
 
     1    (B) shall be brought on for argument on such terms and  conditions  as
     2  the  presiding  justice may direct, upon application by any party to the
     3  proceeding; and
     4    (C)  shall  be deemed abandoned when the party requesting an exclusion
     5  from disclosure fails to serve and file a record and brief within  sixty
     6  days  after  the date of the notice of appeal, unless consent of further
     7  extension is given by all parties, or unless further extension is grant-
     8  ed by the court upon such terms as may  be  just  and  upon  good  cause
     9  shown.
    10    § 2. Subdivision (b) of rule 5521 of the civil practice law and rules,
    11  as  amended  by  chapter  487 of the laws of 2016, is amended to read as
    12  follows:
    13    (b) Consistent with the provisions of section one thousand one hundred
    14  twelve of the family  court  act,  appeals  from  orders,  judgments  or
    15  decrees  in  proceedings  brought pursuant to articles three, seven, ten
    16  and ten-A and parts one and two of article six of the family court  act,
    17  and  pursuant  to  sections  three  hundred fifty-eight-a, three hundred
    18  eighty-three-c, three hundred eighty-four,  and  three  hundred  eighty-
    19  four-b  of  the  social  services  law, and pursuant to paragraph (d) of
    20  subdivision four and subparagraph (ii) of paragraph (d)  of  subdivision
    21  five  of  section eighty-nine of the public officers law, shall be given
    22  preference and may be brought on for argument on such terms  and  condi-
    23  tions as the court may direct without the necessity of a motion.
    24    § 3. This act shall take effect on the one hundred eightieth day after
    25  it  shall  have become a law and shall apply to appeals for which notice
    26  of appeal was filed on or after such date.