From the Office of Amy Paulin: New Law Requires Government to Pay Attorney's Fees
From the Office of Amy Paulin, Assemblywoman, District 88, New York State Assembly
Editor's note: Assemblywoman Amy Paulin represents the 88th New York State Assembly District, which includes Scarsdale, Eastchester, Tuckahoe, Bronxville, Pelham, Pelham Manor, and parts of New Rochelle and White Plains.
Dec. 20, 2017: Assemblywoman Amy Paulin (D-88) is proud to announce that A.2750-A/S.2392-A, legislation she authored, was signed into law last week by New York Governor Andrew Cuomo.
The law will award attorney's fees to a prevailing party who has gone to court to challenge an agency’s refusal to provide records requested under the Freedom of Information Law ("FOIL").
The time and cost involved in these court proceedings can be staggering for individuals and may deter them from pursuing legal action to compel agencies to provide the records. This bill would encourage agencies to comply with FOIL in order to avoid potentially paying the attorney’s fees for prevailing individuals who challenge the agency in court.
“Very often, the time and effort involved in getting a FOIL request fulfilled is trying enough,” Paulin said. “A person petitioning an agency through FOIL shouldn’t have the added expense of a lengthy court proceeding as well.”
This law establishes a two-tiered approach. In court cases where an agency failed to respond to a person’s request for records or appeal within the allowable time, the court may require the agency to pay for a person’s attorney’s fees if the person prevails in court. In cases where an agency denied an individual’s request for records and the court finds that there was no reasonable basis for the denial, the court must order the agency to pay the individual’s attorney’s fees if that individual prevails in court.
The Committee on Open Government recommended this two-tiered approach in its 2016 annual report.
The bill is sponsored by Patrick Gallivan (R-59) in the Senate.
Pictured here: Amy Paulin, Assemblywoman, District 88, New York State Assembly.
Photo courtesy Office of Amy Paulin
Government & History Directory
Bronxville is a quaint village (one square mile) located just 16 miles north of midtown Manhattan (roughly 30 minutes on the train) and has a population of approximately 6,500. It is known as a premier community with an excellent public school (K-12) and easy access to Manhattan. Bronxville offers many amenities including an attractive business district, a hospital (Lawrence Hospital), public paddle and tennis courts, fine dining at local restaurants, two private country clubs and a community library.
While the earliest settlers of Bronxville date back to the first half of the 18th century, the history of the modern suburb of Bronxville began in 1890 when William Van Duzer Lawrence purchased a farm and commissioned the architect, William A. Bates, to design a planned community of houses for well-known artists and professionals that became a thriving art colony. This community, now called Lawrence Park, is listed on the National register of Historic Places and many of the homes still have artists’ studios. A neighborhood association within Lawrence Park called “The Hilltop Association” keeps this heritage alive with art shows and other events for neighbors.
Bronxville offers many charming neighborhoods as well as a variety of living options for residents including single family homes, town houses, cooperatives and condominiums. One of the chief benefits of living in “the village” is that your children can attend the Bronxville School.
The Bronxville postal zone (10708, known as “Bronxville PO”) includes the village of Bronxville as well as the Chester Heights section of Eastchester, parts of Tuckahoe and the Lawrence Park West, Cedar Knolls, Armour Villa and Longvale sections of Yonkers. Many of these areas have their own distinct character. For instance, the Armour Villa section has many historic homes and even has its own newsletter called “The Villa Voice” which reports on neighborhood news.
Link to Village of Bronxville One Square Mile Monthly Newsletter
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