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A00414 Summary:

BILL NOA00414A
 
SAME ASSAME AS S04685-A
 
SPONSORPaulin (MS)
 
COSPNSRGalef, Weprin
 
MLTSPNSRLupardo, Thiele
 
Amd 89, Pub Off L; amd R5521, CPLR
 
Relates to preference given to an appeal to the appellate division of the supreme court regarding a denial of an exception from disclosure.
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A00414 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A414A
 
SPONSOR: Paulin (MS)
  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 OR GENERAL IDEA OF BILL:: 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. 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 application by any party to the proceeding. This action 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. Second two amends subdivision b of rule 5521 of the civil practice law and rules to give preference 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.   PRIOR LEGISLATIVE HISTORY:: 2018: A.2879 Passed Assembly / S. 2817 Referred to Rules 2017: A.2879 Referred to Rules / S.2817 Referred to Investigations and Government Operations 2016: A.327-A Referred to Governmental Operations / S.3390-A Referred to Investigations and Government Operations 2015: A.327 Referred to Governmental Operations / S.3390 Referred to Investigations and Government Operations 2014: A.2057-A Referred to Codes / S.7570 Referred to Investigations and Government Operations 2013: A.2057 Referred to Governmental Operations 2012: A.6996 Referred to Governmental Operations / S.4754 Referred to Investigations and Government Operations 2011: A.6996 Referred to Governmental Operations / S.4754 S.4754 Referred to Investigations and Government Operations   FISCAL IMPLICATIONS:: None   EFFECTIVE DATE:: 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.
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