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NY A09506
Bill
Status
Introduced
3/10/2016
Primary Sponsor
Amy Paulin
Click for details
AI Summary
- Changes FOIL (Freedom of Information Law) proceedings to make attorney's fees and litigation costs mandatory for prevailing parties, rather than discretionary
- Court must assess reasonable attorney's fees against the agency unless the court finds the agency's position was substantially justified or special circumstances make assessment unjust
- Court must assess fees if an agency failed to respond to a request or appeal within statutory time limits, unless the agency provides substantive evidence of inability to comply
- Replaces the previous standard that only allowed fee awards in cases where agencies had no reasonable basis for denial or failed to respond within statutory timeframes
- Takes effect immediately upon enactment
Legislative Description
Establishes that in a FOIL proceeding, the court shall assess against an agency reasonable attorneys' fees and other litigation costs incurred when a person substantially prevails unless the court finds otherwise.
Last Action
print number 9506c
6/15/2016
Committee Referrals
Ways and Means6/6/2016
Codes5/23/2016
Governmental Operations3/10/2016
Full Bill Text
No bill text available