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

                                  5019

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M.  of  A.  P. RIVERA, J. RIVERA, ESPAILLAT, KAVANAGH --
  Multi-Sponsored by -- M.  of A. BOYLAND, GOTTFRIED,  PERALTA  --  read
  once and referred to the Committee on Codes

AN ACT to amend the civil practice law and rules, in relation to certif-
  ication of class actions in cases involving governmental operations

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

  Section 1. Section 902 of the civil practice law and rules, as amended
by chapter 474 of the laws of 1975, is amended to read as follows:
  S 902.  Order allowing class action.  Within sixty days after the time
to serve a responsive pleading has expired  for  all  persons  named  as
defendants  in  an action brought as a class action, the plaintiff shall
move for an order to determine whether it is to be so  maintained.    An
order  under  this  section  may  be  conditional, and may be altered or
amended before the decision on the merits on the court's own  motion  or
on  motion  of  the  parties.    The action may be maintained as a class
action only if the court finds that the prerequisites under section  901
have  been satisfied.   Among the matters which the court shall consider
in determining whether the action may proceed as a class action are:
  1.  the interest of members of the class in  individually  controlling
the prosecution or defense of separate actions;
  2.    the impracticability or inefficiency of prosecuting or defending
separate actions;
  3.  the extent and nature of any litigation concerning the controversy
already commenced by or against members of the class;
  4.  the desirability or undesirability of concentrating the litigation
of the claim in the particular forum;
  5.  the difficulties likely to be encountered in the management  of  a
class action.
  HOWEVER, A COURT SHALL NOT DENY OR WITHHOLD CLASS CERTIFICATION SOLELY
BECAUSE THE ACTION INVOLVES GOVERNMENTAL OPERATIONS.
  S 2. This act shall take effect immediately.

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

                                                           LBD06640-01-9