Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 03, 2011 |
signed chap.284 |
Jul 22, 2011 |
delivered to governor |
Jun 16, 2011 |
returned to assembly passed senate 3rd reading cal.448 substituted for s4594 |
Jun 16, 2011 |
substituted by a6836 |
May 09, 2011 |
advanced to third reading |
May 04, 2011 |
2nd report cal. |
May 03, 2011 |
1st report cal.448 |
Apr 13, 2011 |
referred to judiciary |
Senate Bill S4594
Signed By Governor2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status Via A6836 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2011-S4594 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6836
- Law Section:
- Uniform City Court Act
- Laws Affected:
- Rpld & add §206, UCCA
2011-S4594 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4594 TITLE OF BILL: An act to amend the uniform city court act, in relation to an application for relief in aid of arbitration in a city court This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Local Courts Advisory Committee. This measure establishes a new section 206 for the Uniform City Court Act to authorize a City Court to confirm, vacate, or modify an arbitration award, and determine the question of the arbitrability of a controversy in an action commenced in a City Court outside New York City. Currently, the Uniform City Court Act places a significant restriction on the relief that can be granted by City Courts in aid of arbitration. Section 206 of that Act limits the City Court to entering "judgment on the award of the arbitrators." The effect of this limiting language has been underscored by a number of courts which have interpreted this language as meaning that a City Court does not have the authority to confirm, vacate, or modify an
2011-S4594 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4594 2011-2012 Regular Sessions I N S E N A T E April 13, 2011 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the uniform city court act, in relation to an applica- tion for relief in aid of arbitration in a city court THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 206 of the uniform city court act is REPEALED and a new section 206 is added to read as follows: S 206. ARBITRATION. (A) THRESHOLD QUESTIONS UNDER ARTICLE SEVENTY-FIVE OF THE CIVIL PRAC- TICE LAW AND RULES. IF AN ACTION OF WHICH THE COURT HAS JURISDICTION HAS BEEN DULY COMMENCED THEREIN, AND THERE ARISE IN SUCH ACTION ANY QUES- TIONS RELATING TO THE ARBITRABILITY OF THE CONTROVERSY, THE COURT SHALL HAVE JURISDICTION COMPLETELY TO DISPOSE OF SUCH QUESTIONS AND ARTICLE SEVENTY-FIVE OF THE CIVIL PRACTICE LAW AND RULES SHALL BE APPLICABLE THERETO. BUT THE COURT SHALL NOT HAVE JURISDICTION OF THE SPECIAL PROCEEDING, AS SET FORTH IN SUBDIVISION (A) OF SECTION SEVENTY-FIVE HUNDRED TWO OF THE CIVIL PRACTICE LAW AND RULES, USED TO BRING BEFORE A COURT THE FIRST APPLICATION ARISING OUT OF AN ARBITRABLE CONTROVERSY, EXCEPT AS PROVIDED IN SUBDIVISION (B) OF THIS SECTION. (B) PROCEEDINGS ON AWARD UNDER ARTICLE SEVENTY-FIVE OF THE CIVIL PRAC- TICE LAW AND RULES. WHERE A CONTROVERSY HAS BEEN DULY ARBITRATED AND AN AWARD MADE THEREIN IS FOR RELIEF WHICH IS WITHIN THE COURT'S JURISDIC- TION, THE COURT SHALL HAVE JURISDICTION OF PROCEEDINGS UNDER SECTIONS SEVENTY-FIVE HUNDRED TEN THROUGH SEVENTY-FIVE HUNDRED FOURTEEN OF THE CIVIL PRACTICE LAW AND RULES, RELATING TO JUDICIAL RECOGNITION OF SUCH AWARDS, WHICH PROVISIONS SHALL BE APPLICABLE THERETO. (C) ARBITRATION DISTINCT FROM ARTICLE SEVENTY-FIVE OF THE CIVIL PRAC- TICE LAW AND RULES. THE RULES MAY PROVIDE SYSTEMS OF ARBITRATION AND EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09312-01-1
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