A09711 Summary:

BILL NOA09711A
 
SAME ASSAME AS S06865-A
 
SPONSORBuchwald
 
COSPNSRSeawright, Santabarbara
 
MLTSPNSR
 
Amd §89, Pub Off L; amd R5521, CPLR
 
Limits the amount of time to appeal certain judgments regarding freedom of information violations.
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A09711 Actions:

BILL NOA09711A
 
04/05/2016referred to governmental operations
05/11/2016amend (t) and recommit to governmental operations
05/11/2016print number 9711a
06/01/2016reported referred to codes
06/06/2016reported referred to rules
06/16/2016reported
06/16/2016rules report cal.449
06/16/2016substituted by s6865a
 S06865 AMEND=A RANZENHOFER
 03/02/2016REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
 05/13/2016AMEND (T) AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
 05/13/2016PRINT NUMBER 6865A
 06/08/2016COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/08/2016ORDERED TO THIRD READING CAL.1568
 06/15/2016PASSED SENATE
 06/15/2016DELIVERED TO ASSEMBLY
 06/15/2016referred to codes
 06/16/2016substituted for a9711a
 06/16/2016ordered to third reading rules cal.449
 06/16/2016passed assembly
 06/16/2016returned to senate
 11/16/2016DELIVERED TO GOVERNOR
 11/28/2016SIGNED CHAP.487
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A09711 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9711A
 
SPONSOR: Buchwald
  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: This bill expedites the appeals process for agencies 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 of the bill adds a new paragraph (d) to Subdivision 4 of Section 89 of the Public Officers Law to: (1) provide that appeals to the appellate division be made in accordance with subdivision (a) of section 5513 of the civil practice law and rules; and (2) provide that an appeal from an agency shall be given preference, brought on for argu- ment on such terms as the presiding justice may direct, and shall be deemed abandoned if the agency fails to perfect the appeal within 60 days after the notice of appeal, unless consent to further extension is given by all parties or is granted by the court upon such terms as may be just and upon good cause shown. Section 2 amends Rule 5521 of the civil practice law and rules to include the aforementioned preference in the CPLR. Section 3 provides that this act shall take effect one hundred eighty days after it shall have become law.   JUSTIFICATION: This bill creates an expedited process for determining agency appeals of FOIL decisions. Under 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 lengthy time- frame may create an unfairness or restriction of rights for the non-a- gency party involved. In addition, delay in determination of disclosure, through a dilatory process of appeal, may make moot a FOIL request and functionally deny the timely access to documents needed. Furthermore, agencies have significant expertise and resources, which renders such a shortened timeframe to appeal reasonable, and the possibility for the parties or court to provide more time for an agency to perfect its appeal is an appropriate mechanism to provide an agency additional time if justified. Finally, a speedier resolution to these cases reduces court costs borne by all parties.   PRIOR LEGISLATIVE HISTORY: This bill updates bill A.114 (2015) - veto memo 274 of 2015.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect one hundred eighty days after it shall become law.
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A09711 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9711--A
 
                   IN ASSEMBLY
 
                                      April 5, 2016
                                       ___________
 
        Introduced by M. of A. BUCHWALD -- read once and referred to the Commit-
          tee  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 limiting the amount of time to appeal certain
          judgments regarding freedom of information violations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 4 of section 89 of the public officers law is
     2  amended by adding a new paragraph (d) to read as follows:
     3    (d) (i) Appeal to the appellate division of the supreme court must  be
     4  made  in  accordance  with subdivision (a) of section fifty-five hundred
     5  thirteen of the civil practice law and rules.
     6    (ii) An appeal from an agency taken from an order of the court requir-
     7  ing disclosure of any or all records sought:
     8    (A) shall be given preference;
     9    (B) shall be brought on for argument on such terms and  conditions  as
    10  the  presiding  justice may direct, upon application of any party to the
    11  proceeding; and
    12    (C) shall be deemed abandoned if the agency fails to serve and file  a
    13  record  and  brief  within sixty days after the date of service upon the
    14  petitioner of the notice of appeal, unless consent to further  extension
    15  is  given  by all parties, or unless further extension is granted by the
    16  court upon such terms as may be just and upon good cause shown.
    17    § 2. Rule 5521 of the civil practice law  and  rules,  as  amended  by
    18  chapter  582  of the laws of 1991, subdivision (b) as amended by section
    19  65 of part A of chapter 3 of the laws of 2005, is  amended  to  read  as
    20  follows:
    21    Rule  5521.  Preferences.  (a) Preferences in the hearing of an appeal
    22  may be granted in the discretion of the court to  which  the  appeal  is
    23  taken.
    24    (b) Consistent with the provisions of section one thousand one hundred
    25  twelve  of  the  family  court  act,  appeals  from orders, judgments or
    26  decrees in proceedings brought pursuant to articles  three,  seven,  ten
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14313-02-6

        A. 9711--A                          2
 
     1  and  ten-A and parts one and two of article six of the family court act,
     2  and pursuant to sections  three  hundred  fifty-eight-a,  three  hundred
     3  eighty-three-c,  three  hundred  eighty-four,  and three hundred eighty-
     4  four-b  of  the  social  services  law, and pursuant to paragraph (d) of
     5  subdivision four of section eighty-nine  of  the  public  officers  law,
     6  shall  be  given  preference  and may be brought on for argument on such
     7  terms and conditions as the court may direct without the necessity of  a
     8  motion.
     9    § 3. This act shall take effect on the one hundred eightieth day after
    10  it shall have become a law.
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