Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to judiciary |
Mar 12, 2013 |
referred to judiciary |
Senate Bill S4139
2013-2014 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
2013-S4139 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A6177
- 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, A10428
2015-2016: S4626
2013-S4139 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4139 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 right to appeal after the current one year timeframe expires. The measure will only be for new appeals that are commenced after this legislation is signed into law.
2013-S4139 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4139 2013-2014 Regular Sessions I N S E N A T E March 12, 2013 ___________ 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. LBD05455-01-3
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.