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Senator · Senate District 61
History
- Signed chap.487
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.449
- Substituted for A9711A
- Referred to codes
- Delivered to assembly
- Passed senateVote 62–0
- Ordered to third reading cal.1568
- Committee discharged and committed to rules
- Print number 6865a
Show 2 earlier actions
- Amend (t) and recommit to investigations and government operations
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limits the amount of time to appeal certain judgments regarding freedom of information violations
Assembly Floor Calendar · Sponsor David Buchwald
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
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
Purpose or general idea of bill
To expedite the appeals process when a trial court has rendered a FOIL decision, thereby insuring timely appellate review and conclusion to the issue.
Summary of specific provisions
Section 1 - adds a new paragraph (d) to Subdivision 4 of Section 89 of the Public Officers Law, (1) requiring an appeal to be filed in accordance with CPLR 5513; providing that such appeals will be given a preference; and; (2) providing that a request for appeal will be deemed abandoned if the appealing party fails to perfect the appeal within sixty days after the date of notice of appeal, subject to agreement of the parties, or court extension for cause.
Section 2 - amends rule 5521 of the CPLR section (b) to refer to new paragraph (d) of subdivision 4 of section 89 of the Public Officers Law.
Section 3: The act shall take effect one hundred eighty days after it shall have become law.
Justification
This bill creates an expedited process for determining appeals of FOIL decisions. It covers all governmental entities except the Judiciary. Under the present law, a denial of request for records may be overturned by a court, but the appealing party may file a notice of appeal and have up to 9 months to perfect the appeal. This delay may create an unfairness or a restriction of rights for the other party involved. In addition, delay in determination of disclosure, through a dilatory process of appeal, may make moot a petitioner's FOIL request and functionally deny the timely access to documents needed. Finally, a speedier resolution reduces court costs borne by all parties.
Prior legislative history
New Bill
Fiscal implications
None
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.