New York: Shorter FOIL appeal process passes Senate

ALBANY–A bill shortening the time a state agency can take to appeal a Freedom of Information Law decision passed the Senate on Monday, three months after passing the Assembly.

The measure, sponsored by Senator Michael Ranzenhofer, a Republican from Western New York, and Assemblyman David Buchwald, a Westchester Democrat, passed both houses unanimously.

If a court decides an agency’s rejection of a records request was improper, the agency can currently file an appeal and take up to nine months to complete it. The new bill would require the agency to file notice within 30 days, then file a brief within 60 days. The appeal would then “be given preference” before the court, thus limiting the time an agency can drag out the process.  Continue>>>