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Assembly Bill A5197

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-A5197 (ACTIVE) - Details

See Senate Version of this Bill:
S7401
Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง506, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A6245, S28
2013-2014: A479, S165
2015-2016: A1547, S574
2017-2018: A1599, S488, S7086
2019-2020: A6240, S5139

2009-A5197 (ACTIVE) - 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.

2009-A5197 (ACTIVE) - Bill Text download pdf 

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

                                  5197

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by  M.  of A. BRODSKY, KAVANAGH -- read once and referred to
  the Committee on Codes

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.
                                                           LBD08656-01-9

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