Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws

2 Co-sponsors

• Diane J. Savino
• Daniel L. Squadron

Title of bill

An act to amend the public officers law, in relation to limiting the amount of time to appeal certain judgments regarding freedom of information violations

Purpose or general idea of bill

To expedite the appeals process when a trial court has found in favor of a FOIL request action, thereby insuring timely appellate review and conclusion to the issue.

Summary of specific provisions

Adds a new paragraph (a) to Subdivision 4 of Section 89 of the public officers law, requiring an appeal to be filed within 30 days after a court judgment on a FOIL lawsuit, and abandons the request to appeal when an agency fails to serve and file a brief within six months after the date of the notice of appeal.

Section 2: Authorizes an immediate effective date.

Justification

The bill creates an expedited process for determining appeals of FOIL decisions. Under the present law, a denial of request for records may be overturned by a court, but the agency may file a notice of appeal and have up to 9 months to perfect the appeal. This delay, in some circumstances, may create an unfairness or a restriction of rights to an individual; the delaying of disclosure, through the normal process of appeal, may make moot the individuals FOIL request and functionally deny them the timely access to documents needed. In addition, a speedier resolution reduces court costs borne by all parties.

Prior legislative history

New Bill.

Fiscal implications

None.

Effective date

Immediately.