senate Bill S165

Designates venue of certain special proceedings against certain state bodies or officers

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY

Summary

Permits special proceedings against certain designated state officials to be commenced in a supreme court in the judicial district of the petitioner's residence or principal place of business; provides that a proceeding against the public service commission shall only be commenced in the supreme court, Albany county.

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Bill Details

See Assembly Version of this Bill:
A479
Versions:
S165
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง506, CPLR
Versions Introduced in Previous Legislative Cycles:
2011-2012: S23, S28, A6245
2009-2010: S4044A, S7401, A5197
2007-2008: A3981, A3981

Sponsor Memo

BILL NUMBER:S165

TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to the
venue for certain special proceedings

PURPOSE OR GENERAL IDEA:
Current law allows that certain proceedings can be filed in Albany
County Supreme Court. This bill allows these proceedings to be filed
at other locations throughout the state.

SUMMARY OF SPECIFIC PROVISIONS:
The bill amends Section 506 of the Civil Practice Law and Rules to
allow certain proceedings to be commenced in the judicial district
where the petitioner resides instead of only in Albany.

EFFECTS OF PRESENT LAW THIS BILL WOULD ALTER:
Current law allows that proceedings against certain State regulatory
agencies be commenced in Supreme Court, Albany County.
This bill would give citizens the opportunity to commence a proceeding
in either the Supreme Court, Albany County, or the judicial district
in which the petitioner resides or has its principal place of business.

JUSTIFICATION:
Necessary to provide access to justice for citizens of the state.

PRIOR LEGISLATIVE HISTORY:
A.190 (1993-94),
A.459 (1995-96),
A.237 (1997-98),
A.11 (1999-2000),
A.1224 (2003-04),
A.892 (2005-06),
A.3981, Passed Assembly
(2007-2008), S.7401/A.5197 (2010)
2011 COMMITTEE DISCHARGED AND COMMITTED TO JUDICIARY
2012 REFERRED TO JUDICIARY

FISCAL IMPLICATION:
Minimal impact on administrative costs.

EFFECTIVE DATE:
Immediately.

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

                                   165

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. SQUADRON -- 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  the
  venue for certain special proceedings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 2 of subdivision (b) of section 506 of the  civil
practice law and rules, as amended by chapter 47 of the laws of 1992, is
amended to read as follows:
  2.  a proceeding against the regents of the university of the state of
New York, the commissioner of education, the  commissioner  of  taxation
and finance, the tax appeals tribunal, except as provided in section two
thousand  sixteen  of  the  tax  law, the public service commission, the
commissioner or the department of transportation relating to  [articles]
ARTICLE three, four, five, six, seven, eight, nine, or ten of the trans-
portation  law  or  to  the railroad law, the water resources board, the
comptroller, or the department of agriculture and markets[,  shall]  MAY
be  commenced  in  the  supreme  court, Albany county OR IN THE JUDICIAL
DISTRICT IN WHICH THE PETITIONER RESIDES OR HAS ITS PRINCIPAL  PLACE  OF
BUSINESS;  PROVIDED,  HOWEVER,  THAT  A  PROCEEDING  AGAINST  THE PUBLIC
SERVICE COMMISSION SHALL ONLY BE COMMENCED IN THE SUPREME COURT,  ALBANY
COUNTY.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00212-01-3

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