Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 10, 2014 |
referred to judiciary delivered to assembly passed senate |
May 19, 2014 |
advanced to third reading |
May 14, 2014 |
2nd report cal. |
May 13, 2014 |
1st report cal.664 |
May 07, 2014 |
print number 985a |
May 07, 2014 |
amend and recommit to judiciary |
Jan 08, 2014 |
referred to judiciary returned to senate died in assembly |
Jun 18, 2013 |
referred to judiciary delivered to assembly passed senate ordered to third reading cal.1418 committee discharged and committed to rules |
Jan 09, 2013 |
referred to judiciary |
Senate Bill S985A
2013-2014 Legislative Session
Sponsored By
(R, C) 7th Senate District
Archive: Last Bill Status - In Assembly 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
Votes
Bill Amendments
2013-S985 - Details
2013-S985 - Sponsor Memo
BILL NUMBER:S985 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
2013-S985 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 985 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 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 SHALL 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. LBD04580-01-3
2013-S985A (ACTIVE) - Details
2013-S985A (ACTIVE) - 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
2013-S985A (ACTIVE) - Bill Text download pdf
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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