Bill Text: NY S03369 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to preference given to an appeal to the appellate division of the supreme court regarding a denial of an exception from disclosure.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S03369 Detail]
Download: New_York-2019-S03369-Introduced.html
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 Govern- ment 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 Assem- bly, do enact as follows: 1 Section 1. Paragraph (d) of subdivision 5 of section 89 of the public 2 officers law, as amended by chapter 339 of the laws of 2004, is amended 3 to read as follows: 4 (d) (i) A proceeding to review an adverse determination pursuant to 5 paragraph (c) of this subdivision may be commenced pursuant to article 6 seventy-eight of the civil practice law and rules. Such proceeding, when 7 brought by a person seeking an exception from disclosure pursuant to 8 this subdivision, must be commenced within fifteen days of the service 9 of the written notice containing the adverse determination provided for 10 in subparagraph two of paragraph (c) of this subdivision. The proceeding 11 shall be given preference and shall be brought on for argument on such 12 terms and conditions as the presiding justice may direct, not to exceed 13 forty-five days. 14 (ii) Appeal to the appellate division of the supreme court must be 15 made in accordance with subdivision (a) of section fifty-five hundred 16 thirteen of the civil practice law and rules. 17 (iii) An appeal taken from an order of the court requiring disclosure: 18 (A) shall be given preference; and 19 (B) shall be brought on for argument on such terms and conditions as 20 the presiding justice may direct, upon application by any party to the 21 proceeding; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00605-01-9S. 3369 2 1 (C) shall be deemed abandoned when the party requesting an exclusion 2 from disclosure fails to serve and file a record and brief within sixty 3 days after the date of the notice of appeal, unless consent of further 4 extension is given by all parties, or unless further extension is grant- 5 ed by the court upon such terms as may be just and upon good cause 6 shown. 7 § 2. Subdivision (b) of rule 5521 of the civil practice law and rules, 8 as amended by chapter 487 of the laws of 2016, is amended to read as 9 follows: 10 (b) Consistent with the provisions of section one thousand one hundred 11 twelve of the family court act, appeals from orders, judgments or 12 decrees in proceedings brought pursuant to articles three, seven, ten 13 and ten-A and parts one and two of article six of the family court act, 14 and pursuant to sections three hundred fifty-eight-a, three hundred 15 eighty-three-c, three hundred eighty-four, and three hundred eighty- 16 four-b of the social services law, and pursuant to paragraph (d) of 17 subdivision four and subparagraph (ii) of paragraph (d) of subdivision 18 five of section eighty-nine of the public officers law, shall be given 19 preference and may be brought on for argument on such terms and condi- 20 tions as the court may direct without the necessity of a motion. 21 § 3. This act shall take effect on the one hundred eightieth day after 22 it shall have become a law.
