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.
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.