Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to judiciary |
Apr 01, 2015 |
referred to judiciary |
Senate Bill S4626
2015-2016 Legislative Session
Sponsored By
(R, C, IP, RFM) 24th Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- 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
2015-S4626 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §5513, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S3897
2013-2014: S4139
2015-S4626 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4626 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to appeals of proceedings against a body or officer PURPOSE: To extend the period within which an Article 78 proceeding must be appealed to 2 years. SUMMARY OF SPECIFIC PROVISIONS: Section one amends section subdivisions (a) and (b) of section 5513 of the civil practice law and rules, as amended by chapter 214 of the laws of 1998. Section two is an immediate effective date and shall aptly to Proceedings commenced pursuant to article 78 of the civil practice law and rules on or after such effective date. JUSTIFICATION: Existing law allows an individual to appeal an Article 78 proceeding within one year of a determination. This legislation would extend the limit to two years. Some individuals are not aware that they have such a timeframe , to appeal a determination. They only find out of their
2015-S4626 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4626 2015-2016 Regular Sessions I N S E N A T E April 1, 2015 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to appeals of proceedings against a body or officer THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions (a) and (b) of section 5513 of the civil prac- tice law and rules, as amended by chapter 214 of the laws of 1996, are amended to read as follows: (a) Time to take appeal as of right. An appeal as of right must be taken within thirty days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry, except that when the appellant has served a copy of the judgment or order and written notice of its entry, the appeal must be taken with- in thirty days thereof; PROVIDED, HOWEVER, THAT, AN APPEAL AS OF RIGHT OF A PROCEEDING CONDUCTED PURSUANT TO ARTICLE SEVENTY-EIGHT OF THIS CHAPTER MUST BE TAKEN WITHIN TWO YEARS AFTER SERVICE BY A PARTY UPON THE APPELLANT OF A COPY OF THE JUDGMENT OR ORDER APPEALED FROM AND WRITTEN NOTICE OF ITS ENTRY, EXCEPT THAT WHEN THE APPELLANT HAS SERVED A COPY OF THE JUDGMENT OR ORDER AND WRITTEN NOTICE OF ITS ENTRY, THE APPEAL MUST BE TAKEN WITHIN TWO YEARS THEREOF. (b) Time to move for permission to appeal. The time within which a motion for permission to appeal must be made shall be computed from the date of service by a party upon the party seeking permission of a copy of the judgment or order to be appealed from and written notice of its entry, or, where permission has already been denied by order of the court whose determination is sought to be reviewed, of a copy of such order and written notice of its entry, except that when such party seek- ing permission to appeal has served a copy of such judgment or order and written notice of its entry, the time shall be computed from the date of such service. A motion for permission to appeal must be made within EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01466-01-5
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