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S06865 Summary:

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S06865 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6865--A
 
                    IN SENATE
 
                                      March 2, 2016
                                       ___________
 
        Introduced  by  Sens. RANZENHOFER, DeFRANCISCO, GALLIVAN, LITTLE, SERINO
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Investigations and Government Operations -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
 
        AN ACT to amend the public officers law and the civil practice  law  and
          rules,  in  relation  to limiting the amount of time to appeal certain
          judgments regarding freedom of information 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) (i) Appeal to the appellate division of the supreme court must  be
     4  made  in  accordance  with subdivision (a) of section fifty-five hundred
     5  thirteen of the civil practice law and rules.
     6    (ii) An appeal from an agency taken from an order of the court requir-
     7  ing disclosure of any or all records sought:
     8    (A) shall be given preference;
     9    (B) shall be brought on for argument on such terms and  conditions  as
    10  the  presiding  justice may direct, upon application of any party to the
    11  proceeding; and
    12    (C) shall be deemed abandoned if the agency fails to serve and file  a
    13  record  and  brief  within sixty days after the date of service upon the
    14  petitioner of the notice of appeal, unless consent to further  extension
    15  is  given  by all parties, or unless further extension is granted by the
    16  court upon such terms as may be just and upon good cause shown.
    17    § 2. Rule 5521 of the civil practice law  and  rules,  as  amended  by
    18  chapter  582  of the laws of 1991, subdivision (b) as amended by section
    19  65 of part A of chapter 3 of the laws of 2005, is  amended  to  read  as
    20  follows:
    21    Rule  5521.  Preferences.  (a) Preferences in the hearing of an appeal
    22  may be granted in the discretion of the court to  which  the  appeal  is
    23  taken.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14313-03-6
        S. 6865--A                          2
 
     1    (b) Consistent with the provisions of section one thousand one hundred
     2  twelve  of  the  family  court  act,  appeals  from orders, judgments or
     3  decrees in proceedings brought pursuant to articles  three,  seven,  ten
     4  and  ten-A and parts one and two of article six of the family court act,
     5  and  pursuant  to  sections  three  hundred fifty-eight-a, three hundred
     6  eighty-three-c, three hundred eighty-four,  and  three  hundred  eighty-
     7  four-b  of  the  social  services  law, and pursuant to paragraph (d) of
     8  subdivision four of section eighty-nine  of  the  public  officers  law,
     9  shall  be  given  preference  and may be brought on for argument on such
    10  terms and conditions as the court may direct without the necessity of  a
    11  motion.
    12    § 3. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law.