Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 25, 2010 |
signed chap.91 |
May 14, 2010 |
delivered to governor |
May 05, 2010 |
returned to assembly passed senate |
Apr 20, 2010 |
3rd reading cal.377 substituted for s5445 |
Apr 20, 2010 |
substituted by a4300 |
Apr 19, 2010 |
advanced to third reading |
Apr 14, 2010 |
2nd report cal. |
Apr 13, 2010 |
1st report cal.377 |
Jan 26, 2010 |
reported and committed to codes |
Jan 06, 2010 |
referred to judiciary |
Jun 02, 2009 |
reported and committed to codes |
May 06, 2009 |
referred to judiciary |
Senate Bill S5445
Signed By Governor2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status Via A4300 - Signed by Governor
- 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
2009-S5445 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4300
- Law Section:
- Judiciary Law
- Laws Affected:
- Amd ยงยง476-a & 476-b, Judy L
2009-S5445 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5445 TITLE OF BILL : An act to amend the judiciary law, in relation to actions for unlawful practice of law PURPOSE : To amend Section 476-b of the Judiciary Law to specify that the Attorney General is authorized to bring both civil and criminal actions against defendants for the unlawful practice of law. SUMMARY OF PROVISIONS : Section 476-a of the Judiciary Law would be amended to specify that the term "action" includes both civil and criminal actions. Section 476-b would be amended to apply exclusively to civil actions. JUSTIFICATION : The New York State Court of Appeals in PEOPLE V. ROMERO (decided July 1, 1998) held that Judiciary Law Section 476-a does not authorize the Attorney General to bring a criminal action against a defendant for
2009-S5445 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5445 2009-2010 Regular Sessions I N S E N A T E May 6, 2009 ___________ Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the judiciary law, in relation to actions for unlawful practice of law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The opening paragraph of subdivision 1 of section 476-a of the judiciary law, as amended by chapter 709 of the laws of 1965, is amended to read as follows: The attorney-general may maintain an action upon his OR HER own infor- mation or upon the complaint of a private person or of a bar association organized and existing under the laws of this state against any person, partnership, corporation, or association, and any employee, agent, director, or officer thereof who commits any act or engages in any conduct prohibited by law as constituting the unlawful practice of the law. THE TERM "ACTION" AS USED IN THIS SUBDIVISION SHALL BE CONSTRUED TO INCLUDE BOTH CIVIL ACTIONS AND CRIMINAL ACTIONS. S 2. Subdivision 2 of section 476-a of the judiciary law, as added by chapter 310 of the laws of 1962, is amended to read as follows: 2. Such [an] A CIVIL action may also be maintained by a bar associ- ation organized and existing under the laws of the state of New York, upon an application to the supreme court of the state of New York, or a justice thereof, for leave to bring the same by such bar association on good cause shown therefor and proof that a written request was made upon the attorney-general to bring such an action and that more than twenty days have elapsed since the making of such request and he OR SHE has failed or refused to bring such an action. S 3. Section 476-b of the judiciary law, as added by chapter 310 of the laws of 1962, is amended to read as follows: S 476-b. Injunction to restrain defendant from unlawful practice of the law. In [an] A CIVIL action brought as prescribed in section four EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02573-01-9
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.