S985-2013 Actions

• Jan 9, 2013: REFERRED TO JUDICIARY

S985-2013 Memo

BILL NUMBER:S985

TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to a stay of the
enforcement of a determination involving a permit or approval in
connection with the development or construction of residential housing

PURPOSE OR GENERAL IDEA OF BILL:
To authorize judicial discretion in
the posting of security for any Article 78 proceeding involving the
issuance of a stay of the enforcement of a determination involving a
permit or approval in connection with the development or construction
of residential housing.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends Rule 7805 of the
CPLR authorizing the court to require the posting of a security in
cases involving the issuance of a stay of the enforcement of a
determination involving a permit or approval in connection with the
development or construction of residential housing.

Section two sets the effective date.

JUSTIFICATION:
It is a typical requirement in civil practice that a
party seeking a temporary restraining order or stay on appeal, post
some form of security in exchange for obtaining the requested order
or stay, in the event that the requestor does not prevail and causes
injury to the restrained party. In situations where a homeowner or
builder is temporarily prevented from proceeding by legal process,
this legislation would allow the judge presiding over the matter to
determine the amount of security, necessary to protect the affected
parties and appropriate under the circumstances.

PRIOR LEGISLATIVE HISTORY:
S.7232 (2012)

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

S985-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          985
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen. MARTINS -- 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 a  stay
 of  the  enforcement of a determination involving a permit or approval
 in connection with the  development  or  construction  of  residential
 housing
 

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

 

Section 1.

Section 7805 of the civil practice law and rules is amended
 to read as follows:

 

S 7805. Stay. On the motion of any party or on its own initiative, the
 court may stay further proceedings, or the enforcement of  any  determi
 nation  under  review, upon terms including notice, security and payment
 of costs, except that the enforcement of an order or judgment granted by
 the appellate division in a proceeding under this article may be  stayed
 only  by order of the appellate division or the court of appeals. Unless
 otherwise ordered, security given on a stay is effective in favor  of  a
 person  subsequently joined as a party under section 7802.  THE COURT IN
 ISSUING A STAY OF THE ENFORCEMENT OF A DETERMINATION INVOLVING A  PERMIT
 OR  APPROVAL IN CONNECTION WITH THE DEVELOPMENT OR CONSTRUCTION OF RESI
 DENTIAL HOUSING SHALL REQUIRE THE POSTING OF SECURITY IN AN  AMOUNT  THE
 COURT SHALL DEEM PROPER.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04580-01-3

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