Assembly Bill A6177

2013-2014 Legislative Session

Extends the period within which an article 78 proceeding must be appealed to 2 years

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Archive: Last Bill Status - In Assembly 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

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2013-A6177 (ACTIVE) - Details

See Senate Version of this Bill:
S4139
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5513, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A10428, S3897
2015-2016: S4626

2013-A6177 (ACTIVE) - Summary

Extends the period of time within which a proceeding against a body or officer pursuant to article 78 of the civil practice law and rules must be appealed to 2 years.

2013-A6177 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6177

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 15, 2013
                               ___________

Introduced by M. of A. CUSICK -- read once and referred 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.
                                                           LBD05455-01-3
              

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