S6731 Limits The Length Of Time To Appeal FOIL Violations

One of the most annoying things about the City Law Department is their close relationship to the New York State Supreme Court. I think the Corporation Counsel is too close:

• they pick and choose when to defend a teacher/principal/employee and when not to.
• they never pay any fees for motions, or any other filing
• they never have to appear at submissions because they can hand over their documents at any time....the submission date is for everyone else
• they can stop the implementation of a judge's decision by filing a Notice of Appeal, then take nine months to finish the Appeal brief.

The DOE Records Access person, Joe Baranello, seems to have trouble honoring the FOI Laws of New York State, and allows requests to remain unfilled for years. Recent legislation in the New York State Senate has put a stop to the lengthy appeal process.

Now I just wish that our Senate and Assembly would put a stop to the NYC Law Department postponing implementation of judges' decisions when these decisions go against them.

Betsy Combier

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

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Sponsor: BONACIC / Committee: INVESTIGATIONS AND GOVERNMENT OPERATIONS 
Law Section: Public Officers Law / Law: Amd S89, Pub Off L

S6731-2011 Actions

• Mar 14, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S6731-2011 Memo

BILL NUMBER:S6731

TITLE OF BILL:
An act
to amend the public officers law, in relation to limiting 

the amount of time to appeal certain judgments regarding 

freedom of information violations

PURPOSE OR GENERAL IDEA OF BILL:
To expedite the appeals process when a trial court has 

found in favor of a FOIL request action, thereby insuring 

timely appellate review and conclusion to the issue.

SUMMARY OF SPECIFIC PROVISIONS:
Adds a new paragraph (a) to Subdivision 4 of Section 89 

of the public officers law, requiring an appeal to be tiled 

within 30 days after a court judgement on a FOIL lawsuit, 

and abandons the request to appeal when an agency fails 

to serve and tile a brief within two months after the date 

of the notice of appeal.

Section 2: Authorizes an immediate effective date.

JUSTIFICATION:
The bill creates an expedited process for determining 

appeals of FOIL decisions. Under the present law, a denial 

of request for records may be overturned by a court, but 

the agency may tile a notice of appeal and have up to 9 

months to perfect the appeal. This delay, in some circumstances, 

may create an unfairness or a restriction of rights to
an individual; the delaying of disclosure, through the 

normal process of appeal, may make moot the individuals 

FOIL request and functionally deny them the timely access 

to documents needed. In addition, a speedier resolution 

reduces court costs borne by all parties.

PRIOR LEGISLATIVE HISTORY:
2009-10: A.6484 (Latimer) Referred to Governmental Operations

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

S6731-2011 Text

 S T A T E   O F   N E W   Y O R K
 
                                          6731
 I N  SENATE
 March 14, 2012
 
 Introduced  by  Sen. BONACIC -- 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 information violations 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN 

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Subdivision 4 of section 89 of the public officers 

law  is amended by adding a new paragraph (d) to read as follows:

 (D) APPEAL TO THE APPELLATE DIVISION OF THE SUPREME COURT 

MUST BE MADE IN  ACCORDANCE  WITH  LAW, AND MUST  BE FILED 

WITHIN THIRTY DAYS AFTER  SERVICE BY A PARTY UPON THE APPELLANT 

OF A COPY OF THE JUDGMENT OR ORDER APPEALED FROM AND WRITTEN 

NOTICE OF ITS ENTRY. AN APPEAL TAKEN FROM AN ORDER OF THE COURT 

REQUIRING DISCLOSURE OF ANY OR ALL RECORDS SOUGHT SHALL BE 

GIVEN PREFERENCE, SHALL BE BROUGHT ON FOR ARGUMENT ON SUCH
 TERMS  AND  CONDITIONS AS THE PRESIDING JUSTICE MAY DIRECT 

UPON APPLICATION OF ANY PARTY TO THE PROCEEDING, AND SHALL 

BE DEEMED ABANDONED  WHEN AN AGENCY FAILS TO SERVE AND FILE 

A RECORD AND BRIEF WITHIN TWO MONTHS AFTER THE DATE OF THE 

NOTICE OF APPEAL. 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter 

in brackets  [ ] is old law to be omitted.
 LBD00716-01-1