Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 08, 2010 |
3rd reading cal.132 substituted for s4534 |
Mar 04, 2010 |
referred to codes delivered to senate passed assembly |
Jan 06, 2010 |
ordered to third reading cal.493 returned to assembly died in senate |
Jul 16, 2009 |
committed to rules |
Jun 02, 2009 |
3rd reading cal.457 substituted for s4534 |
Mar 08, 2010 |
substituted by a7395 |
Feb 23, 2010 |
advanced to third reading |
Feb 22, 2010 |
2nd report cal. |
Feb 09, 2010 |
1st report cal.132 |
Jan 06, 2010 |
referred to codes |
Jun 02, 2009 |
substituted by a7395 |
Jun 01, 2009 |
advanced to third reading |
May 27, 2009 |
2nd report cal. |
May 26, 2009 |
1st report cal.457 |
Apr 24, 2009 |
referred to codes |
Senate Bill S4534
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status Via A7395 - On Floor Calendar
- 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
Votes
co-Sponsors
(D) 15th Senate District
2009-S4534 (ACTIVE) - Details
2009-S4534 (ACTIVE) - Summary
Expands the definition of "prevailing party" for purposes of counsel fees and expenses in certain actions against the state, to include a party whose pursuit of a non-frivolous claim or defense was a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought.
2009-S4534 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4534 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to the definition of "prevailing party" for purposes of counsel fees and expenses in certain actions against the state PURPOSE OF THE BILL : Clarifies the definition of "prevailing party" for purposes of counsel fees and expenses in certain actions against the state authorized by the Equal Access to Justice Act of 1989. SUMMARY OF SPECIFIC PROVISIONS : § 1- Subdivision (f) of section 8602 of the Civil Practice Law and Rules, as added by Chapter 770 of the Laws of 1989, is amended to read as follows: (f) "prevailing party" means plaintiff or petitioner in the civil action against the state who prevails in whole or in substantial part where such party and the state prevail upon separate issues. The term "prevailing party" shall include, in addition to a party who substantially prevails through a judicial or administrative judgment or order, or an enforceable written agreement, a party whose pursuit of a non-frivolous claim was a catalyst for a voluntary or unilateral change in the position by the opposing party that provides any significant part of the relief sought.
2009-S4534 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4534 2009-2010 Regular Sessions I N S E N A T E April 24, 2009 ___________ Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to the definition of "prevailing party" for purposes of counsel fees and expenses in certain actions against the state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (f) of section 8602 of the civil practice law and rules, as added by chapter 770 of the laws of 1989, is amended to read as follows: (f) "Prevailing party" means a plaintiff or petitioner in the civil action against the state who prevails in whole or in substantial part where such party and the state prevail upon separate issues. THE TERM "PREVAILING PARTY" SHALL INCLUDE, IN ADDITION TO A PARTY WHO SUBSTAN- TIALLY PREVAILS THROUGH A JUDICIAL OR ADMINISTRATIVE JUDGMENT OR ORDER, OR AN ENFORCEABLE WRITTEN AGREEMENT, A PARTY WHOSE PURSUIT OF A NON-FRI- VOLOUS CLAIM WAS A CATALYST FOR A VOLUNTARY OR UNILATERAL CHANGE IN POSITION BY THE OPPOSING PARTY THAT PROVIDES ANY SIGNIFICANT PART OF THE RELIEF SOUGHT. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10139-02-9
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