Bill Text: NY S05673 | 2013-2014 | General Assembly | Introduced

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Bill Title: Limits the time state agencies would have to appeal article 78 supreme court judgments against them for violations of freedom of information laws.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-06-20 - COMMITTED TO RULES [S05673 Detail]

Download: New_York-2013-S05673-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5673
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                     June 3, 2013
                                      ___________
       Introduced  by  Sen.  RANZENHOFER -- 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, in relation to limiting the
         amount of time to appeal certain judgments regarding freedom of infor-
         mation 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) APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT MUST BE MADE
    4  IN ACCORDANCE WITH LAW, AND MUST  BE  FILED  WITHIN  THIRTY  DAYS  AFTER
    5  SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDGMENT OR ORDER
    6  APPEALED  FROM  AND WRITTEN NOTICE OF ITS ENTRY. AN APPEAL TAKEN FROM AN
    7  ORDER OF THE COURT REQUIRING DISCLOSURE OF ANY  OR  ALL  RECORDS  SOUGHT
    8  SHALL  BE  GIVEN  PREFERENCE,  SHALL  BE BROUGHT ON FOR ARGUMENT ON SUCH
    9  TERMS AND CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT  UPON  APPLICA-
   10  TION  OF ANY PARTY TO THE PROCEEDING, AND SHALL BE DEEMED ABANDONED WHEN
   11  AN AGENCY FAILS TO SERVE AND FILE A RECORD AND BRIEF WITHIN  SIXTY  DAYS
   12  AFTER  THE  DATE  OF THE NOTICE OF APPEAL. FAILURE BY AN AGENCY TO SERVE
   13  AND FILE A RECORD AND BRIEF WITHIN THE ALLOTTED TIME SHALL RESULT IN THE
   14  DISMISSAL OF THE APPEAL.
   15    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11318-01-3