S28-2011 Actions

• Jan 4, 2012: REFERRED TO JUDICIARY
• Mar 8, 2011: COMMITTEE DISCHARGED AND COMMITTED TO JUDICIARY
• Jan 5, 2011: REFERRED TO CODES

S28-2011 Memo

BILL NUMBER:S28

TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to the
venue for certain special proceedings

PURPOSE OR GENERAL IDEA:
Current law allows that certain proceedings can be filed in Albany
County Supreme Court. This bill allows these proceedings to be filed
at other locations throughout the state.

SUMMARY OF SPECIFIC PROVISIONS:
The bill amends Section 506 of the Civil Practice Law and Rules to
allow certain proceedings to be commenced in the judicial district
where the petitioner resides instead of only in Albany.

EFFECTS OF PRESENT LAW THIS BILL WOULD ALTER:
Current law allows that proceedings against certain State regulatory
agencies be commenced in Supreme Court, Albany County. This bill
would give citizens the opportunity to commence a proceeding in
either the Supreme Court, Albany County, or the judicial district in
which the petitioner resides or has its principal place of business.

JUSTIFICATION:
Necessary to provide access to justice for citizens of the state.

PRIOR LEGISLATIVE HISTORY:
A.190 (1993-94), A.459 (1995-96), A.237 (1997-98) ,A.11 (1999-2000),
A.1224 (2003-04), A.892 (2005-06), A.3981, Passed Assembly
(2007-2008), S.7401/A.5197 (2010).

FISCAL IMPLICATION:
Minimal impact on administrative costs.

EFFECTIVE DATE:
Immediately.

S28-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          28
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes
 

AN ACT to amend the civil practice law and rules,  in  relation  to  the
 venue for certain special proceedings
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Paragraph 2 of subdivision (b) of section 506 of the  civil
 practice law and rules, as amended by chapter 47 of the laws of 1992, is
 amended to read as follows:

 2.  a proceeding against the regents of the university of the state of
 New York, the commissioner of education, the  commissioner  of  taxation
 and finance, the tax appeals tribunal, except as provided in section two
 thousand  sixteen  of  the  tax  law, the public service commission, the
 commissioner or the department of transportation relating to  [articles]
 ARTICLE three, four, five, six, seven, eight, nine, or ten of the trans
 portation  law  or  to  the railroad law, the water resources board, the
 comptroller, or the department of agriculture and markets[,  shall]  MAY
 be  commenced  in  the  supreme  court, Albany county OR IN THE JUDICIAL
 DISTRICT IN WHICH THE PETITIONER RESIDES OR HAS ITS PRINCIPAL  PLACE  OF
 BUSINESS;  PROVIDED,  HOWEVER,  THAT  A  PROCEEDING  AGAINST  THE PUBLIC
 SERVICE COMMISSION SHALL ONLY BE COMMENCED IN THE SUPREME COURT,  ALBANY
 COUNTY.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00106-01-1

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