What's happening
This bill gives appeals of denials for exceptions to public disclosure faster court scheduling and establishes deadlines for related court filings.
Why it matters
Speeds up court review for government secrecy appeals. By requiring quick scheduling and priority handling for appeals over public records disclosure denials, the bill aims to prevent lengthy delays that can undermine transparency or stall the release of important information.
Establishes clear deadlines for filings. The new language mandates that parties seeking to keep records confidential must file necessary court documents within 60 days of their notice of appeal, or risk having their case deemed abandoned—unless all parties agree to more time or the court finds good cause for extension. This encourages faster resolution and discourages delay tactics.
Improves consistency and fairness in the appeal process. By aligning the handling of these appeals with other types of preferred cases (like certain family court matters), the bill sets a uniform expectation for how quickly such cases should move through the courts, reducing uncertainty for both government agencies and requesters.
Potentially strengthens government accountability. Faster judicial review of secrecy claims can make it harder for agencies to improperly withhold records, supporting the public’s right to know and making it more feasible for journalists, watchdog groups, or individuals to challenge denials without prolonged legal battles.
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Who cares
Headline styles
Speed Up Disclosure Appeals
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
2 Multi-sponsors
History
- Referred to rules
- Delivered to senate
- Passed assembly
- Ordered to third reading rules cal.91
- Rules report cal.91
- Reported
- Reported referred to rules
- Referred to codes
- Reported referred to rules
- Reported referred to codes
- Referred to governmental 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.
Speed Up Appeals on FOIL
In Senate Committee · Investigations And Government Operations · Sponsor Andrew J. Lanza
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2879
2017-2018 Regular Sessions
IN ASSEMBLY
January 23, 2017
Introduced by M. of A. PAULIN, GALEF, WEPRIN -- Multi-Sponsored by -- M. of A. LUPARDO, THIELE -- read once and referred to the Committee on Governmental Operations
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 Assembly, do enact as follows:
Section 1. Paragraph (d) of subdivision 5 of section 89 of the public officers law, as amended by chapter 339 of the laws of 2004, is amended to read as follows:
(d) (i) A proceeding to review an adverse determination pursuant to paragraph (c) of this subdivision may be commenced pursuant to article seventy-eight of the civil practice law and rules. Such proceeding, when brought by a person seeking an exception from disclosure pursuant to this subdivision, must be commenced within fifteen days of the service of the written notice containing the adverse determination provided for in subparagraph two of paragraph (c) of this subdivision. The proceeding shall be given preference and shall be brought on for argument on such terms and conditions as the presiding justice may direct, not to exceed forty-five days.
(ii) Appeal to the appellate division of the supreme court must be made in accordance with subdivision (a) of section fifty-five hundred thirteen of the civil practice law and rules.
(iii) An appeal taken from an order of the court requiring disclosure:
(A) shall be given preference; and
(B) shall be brought on for argument on such terms and conditions as the presiding justice may direct, upon application by any party to the proceeding; and
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06642-01-7
A. 2879 2
(C) shall be deemed abandoned when the party requesting an exclusion from disclosure fails to serve and file a record and brief within sixty days after the date of the notice of appeal, unless consent of further extension is given by all parties, or unless further extension is granted by the court upon such terms as may be just and upon good cause shown.
§ 2. Subdivision (b) of rule 5521 of the civil practice law and rules, as amended by chapter 487 of the laws of 2016, is amended to read as follows:
(b) Consistent with the provisions of section one thousand one hundred twelve of the family court act, appeals from orders, judgments or decrees in proceedings brought pursuant to articles three, seven, ten and ten-A and parts one and two of article six of the family court act, and pursuant to sections three hundred fifty-eight-a, three hundred eighty-three-c, three hundred eighty-four, and three hundred eightyfour-b of the social services law, and pursuant to paragraph (d) of subdivision four and subparagraph (ii) of paragraph (d) of subdivision five of section eighty-nine of the public officers law, shall be given preference and may be brought on for argument on such terms and conditions as the court may direct without the necessity of a motion.
§ 3. This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that if chapter 487 of the laws of 2016 shall not have taken effect on or before such date then section two of this act shall take effect on the same date and in the same manner as such chapter of the laws of 2016 takes effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.