What's happening
This bill expedites court proceedings and appeals regarding denials of exceptions from disclosure under the public officers law.
Why it matters
Speeds up legal challenges to government transparency denials. By requiring courts to prioritize and fast-track cases where someone is challenging a government agency’s refusal to grant an exception from public disclosure, the bill aims to reduce delays and ensure more timely access to information.
Limits stalling in appeals. Parties seeking to keep information secret must file their legal paperwork within 60 days of appealing, or risk having their appeal deemed abandoned, unless an extension is justified and granted, which discourages using delay tactics to prevent disclosure.
Creates consistent rules for expedited handling. The bill aligns the handling of these transparency-related appeals with other high-priority cases (such as certain family court matters), signaling the legislature’s intent that open government disputes should be resolved quickly for the public interest.
Potentially enhances government accountability. By making it harder to drag out disputes over public records in court, the law could increase the likelihood that information of public concern is released in a timely manner, supporting investigative journalism and civic oversight.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Speed Up FOIL Appeal Process
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
2 Multi-sponsors
History
- Substituted by S4685A
- Advanced to third reading cal.470
- Reported
- Reported referred to codes
- Print number 414a
- Amend and recommit to governmental operations
- 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 FOIL Appeals
Signed by Governor · Sponsor James Skoufis
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
414--A
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
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 -- 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00605-03-9
A. 414--A 2
(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
(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 and shall apply to appeals for which notice of appeal was filed on or after such date.
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.