What's happening
This bill gives expedited court preference to appeals regarding denials of disclosure exceptions under New York's Freedom of Information Law.
Why it matters
Speeds up the appeals process for denied FOIL disclosure exceptions, meaning both agencies and private parties will have less time to delay or stall these cases in court.
Increases pressure on parties seeking to keep government records secret, as appeals will be considered "abandoned" if crucial paperwork isn’t filed within 60 days—potentially resulting in more disclosures.
Gives these appeals "preference" in the court system, signaling that transparency and timely resolution of public information disputes are legislative priorities.
Could lead to faster public access to government-held information when disputes arise, impacting journalists, watchdogs, and anyone seeking official records under New York’s Freedom of Information Law.
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Who cares
Headline styles
Faster Appeals for Disclosure Denials
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3369
2019-2020 Regular Sessions
IN SENATE
February 6, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government 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.
LBD00605-01-9
S. 3369 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose
To require that a proceeding to stop disclosure of a record be given preference by the courts and heard in an expedited manner
Summary of specific provisions
Section one amends subdivision five of section eighty-nine of the public officers law to provide that a proceeding commenced to review an adverse determination pursuant to paragraph (c) of section eighty-nine 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.
Read the full memo (635 words)
This section also provides that an 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. An appeal taken from an order of the court requiring disclosure shall be given preference and shall be brought on for argument on such terms and conditions as the presiding justice may direct, upon applica- tion by any party to the proceeding. This action shall be deemed aban- doned 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.
Second two amends subdivision b of rule 5521 of the civil practice law and rules to give reference to a proceeding to review an adverse deter- mination, pursuant to paragraph (d) of subdivision five of section eighty nine of the public officers law.
Section three provides the effective date.
Justification
Subdivision five of section eighty-nine of the Freedom of Information Law relates to disclosures that would cause substantial injury to the competitive. position of a commercial enterprise. This is the only grounds upon which a person or entity may initiate a judicial proceeding to prevent the government from disclosing records to the public. The government will then be required to expend time and money to defend its position that the record should be disclosed, a cost which is passed along to taxpayers.
Unlike proceedings initiated by individuals who have been denied access to requested records, this is a situation in which a person or entity is seeking to block records from being released when the agency believes the records must be disclosed. Often, commercial enterprises initiate these proceedings to cause delays and prevent the release of records that could affect a business deal or other action. Ensuring that these proceedings are brought on for argument in an expedited manner will prevent the use of these challenges as a delay tactic.
Legislative history
2018: S.2817 - Referred to Investigations & Government Operations / A.2879 - Passed Assembly 2017: S.2817 - Referred to Investigations & Government Operations / A.2878 - Referred to Codes 2016: S.3390 - Investigations & Government Operations/ A.327 - Govern- mental Operations. 2015: S.3390 - Investigations & Government Operations / A.327-Governmental Operations. 2014: S.7570 - Investigations & Government Operations / A.2057 - Reported to Codes
Fiscal implications
None.
Effective date
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.