This bill has been amended

Bill S985-2013

Relates to a stay of enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing

Relates to a stay of enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing.

Details

Actions

  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 18, 2013: referred to judiciary
  • Jun 18, 2013: DELIVERED TO ASSEMBLY
  • Jun 18, 2013: PASSED SENATE
  • Jun 18, 2013: ORDERED TO THIRD READING CAL.1418
  • Jun 18, 2013: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jan 9, 2013: REFERRED TO JUDICIARY

Meetings

Calendars

Votes

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 985 2013-2014 Regular Sessions IN 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.

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