senate Bill S985A

Relates to a stay of enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing

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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
  • 18 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1418
  • 18 / Jun / 2013
    • PASSED SENATE
  • 18 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY
  • 07 / May / 2014
    • AMEND AND RECOMMIT TO JUDICIARY
  • 07 / May / 2014
    • PRINT NUMBER 985A
  • 13 / May / 2014
    • 1ST REPORT CAL.664
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 10 / Jun / 2014
    • PASSED SENATE
  • 10 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 10 / Jun / 2014
    • REFERRED TO JUDICIARY

Summary

Relates to a stay of enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing.

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Bill Details

See Assembly Version of this Bill:
A5993A
Versions:
S985
S985A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง7805, CPLR
Versions Introduced in 2011-2012 Legislative Cycle:
S7232, S7232

Sponsor Memo

BILL NUMBER:S985A

TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to a stay of the enforcement of a determination involving a
permit or approval in connection with the development or construction
of residential housing

PURPOSE OR GENERAL IDEA OF BILL: To authorize judicial discretion in
the posting of security for any Article 78 proceeding involving the
issuance of a stay of the enforcement of a determination involving a
permit or approval in connection with the development or construction
of residential housing.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends Rule 7805 of the CPLR authorizing the court to
require the posting of a security in cases involving the issuance of a
stay of the enforcement of a determination involving a permit or
approval in connection with the development or construction of
residential housing.

Section two sets the effective date.

JUSTIFICATION: It is a typical requirement in civil practice that a
party seeking a temporary restraining order or stay on appeal, post
some form of security in exchange for obtaining the requested order or
stay, in the event that the requesting party does not prevail and
causes injury to the restrained party. In situations where a homeowner
or builder is temporarily prevented from proceeding by legal process,
this legislation would allow the judge presiding over the matter to
determine the amount of security, necessary to protect the affected
parties and appropriate under the circumstances.

PRIOR LEGISLATIVE HISTORY: S.7232 (2012)

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                 985--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the civil practice law and rules, in relation to a  stay
  of  the  enforcement of a determination involving a permit or approval
  in connection with the  development  or  construction  of  residential
  housing

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

  Section 1. Section 7805 of the civil practice law and rules is amended
to read as follows:
  S 7805. Stay. On the motion of any party or on its own initiative, the
court may stay further proceedings, or the enforcement of  any  determi-
nation  under  review, upon terms including notice, security and payment
of costs, except that the enforcement of an order or judgment granted by
the appellate division in a proceeding under this article may be  stayed
only  by order of the appellate division or the court of appeals. Unless
otherwise ordered, security given on a stay is effective in favor  of  a
person  subsequently joined as a party under section 7802.  THE COURT IN
ISSUING A STAY OF THE ENFORCEMENT OF A DETERMINATION INVOLVING A  PERMIT
OR  APPROVAL IN CONNECTION WITH THE DEVELOPMENT OR CONSTRUCTION OF RESI-
DENTIAL HOUSING MAY REQUIRE THE POSTING OF SECURITY  IN  AN  AMOUNT  THE
COURT SHALL DEEM PROPER.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04580-02-4

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