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NY Gov Signs Executive Order Expediting Freedom of Information Law Appeals Process

“Governor Andrew M. Cuomo [on December 13, 2015]  signed an executive order to expedite the freedom of information law appeals process. The order fast-tracks FOIL appeals by requiring that all state agencies file notice of an appeal, settle the record on appeal, and file a brief within 60 days, absent extraordinary circumstances outside agency control. The Governor will introduce legislation in the upcoming session that encompasses the order, while also correcting the serious flaws of Assembly Bill 114 and Assembly Bill 1438-B. “This executive order is a strong, sensible step to increase transparency in state government,” said Governor Cuomo. “It expedites the FOIL appeals process, but does so without incentivizing irresponsible litigation by ensuring state agencies are not forced to pay attorney fees regardless of a case’s outcome. My administration is proud to lead by example in making government more open and transparent, and we will introduce a bill early next year to bring the same, necessary high standards of transparency to the legislature.” The signed executive order can be viewed here.”

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