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NY A09340
Bill
Status
12/10/2025
Primary Sponsor
Tommy Schiavoni
Click for details
AI Summary
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Expands grounds for courts to award attorney's fees and litigation costs in Freedom of Information Law (FOIL) cases by allowing fees when an agency fails to respond within statutory time limits, not just when the requester has substantially prevailed
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Requires mandatory assessment of attorney's fees and costs when a requester substantially prevails and the court finds the agency had no reasonable basis for denying access
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Changes the scope of fee provisions from applying to a single "section" to the entire "article" of FOIL law
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Preserves existing rights and remedies available under Article 86 of the Civil Practice Law and Rules
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Takes effect September 1st following enactment
Legislative Description
Permits assessment of certain fees and costs upon wrongful denial of access to records under the freedom of information law when either the person has substantially prevailed, or if the agency failed to respond within the statutory time.
Last Action
referred to governmental operations
1/7/2026