New York State Assembly

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S05673 Summary:

BILL NO	S05673
SAME AS	SAME AS A05306-B
SPONSOR	RANZENHOFER
COSPNSR	LATIMER
MLTSPNSR
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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S05673 Actions:

BILL NO	S05673
06/03/2013	REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
01/08/2014	REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
05/13/2014	1ST REPORT CAL.678
05/14/2014	2ND REPORT CAL.
05/19/2014	ADVANCED TO THIRD READING
06/20/2014	COMMITTED TO RULES

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S05673 Floor Votes:

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S05673 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5673
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                      June 3, 2013
                                       ___________
 
        Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Investigations  and
          Government 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.
                                                                   LBD11318-01-3

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