Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Feb 14, 2012 | reported referred to codes |
Jan 04, 2012 | referred to judiciary |
May 26, 2011 | advanced to third reading cal.442 |
May 24, 2011 | reported |
May 10, 2011 | reported referred to codes |
Jan 12, 2011 | referred to judiciary |
Archive: Last Bill Status - In Assembly Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
Co-Sponsors
Helene Weinstein
Rory Lancman
Peter Rivera
A1860 (ACTIVE) - Details
A1860 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1860 2011-2012 Regular Sessions I N A S S E M B L Y January 12, 2011 ___________ Introduced by M. of A. DINOWITZ, WEINSTEIN, LANCMAN -- read once and referred to the Committee on Judiciary AN ACT to amend the executive law, in relation to providing for the award of attorney's fees and expert witness fees in appropriate cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 10 of section 297 of the executive law, as added by section 17 of part D of chapter 405 of the laws of 1999, is amended to read as follows: 10. [With respect to cases of housing discrimination only, in] IN an action or proceeding at law under this section or section two hundred ninety-eight of this article, the commissioner or the court may in its discretion award reasonable attorney's fees to any prevailing or substantially prevailing party; provided, however, that a prevailing respondent or defendant in order to recover such reasonable attorney's fees must make a motion requesting such fees and show that the action or proceeding brought was frivolous; and further provided that in a proceeding brought in the division of human rights, the commissioner may only award attorney's fees as part of a final order after a public hear- ing held pursuant to subdivision four of this section. In no case shall attorney's fees be awarded to the division, nor shall the division be liable to a prevailing or substantially prevailing party for attorney's fees, except in a case in which the division is a party to the action or the proceeding in the division's capacity as an employer. WITH RESPECT TO CASES OF EMPLOYMENT DISCRIMINATION ONLY, THE AWARD OF ATTORNEY'S FEES WILL BE LIMITED TO THOSE CASES IN WHICH THE EMPLOYER HAS FIFTY OR MORE EMPLOYEES. EXPERT WITNESS FEES MAY BE AWARDED IN THE SAME MANNER AS ATTORNEY'S FEES. In order to find the action or proceeding to be frivo- lous, the court or the commissioner must find in writing one or more of the following: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04501-01-1