The New York State Senate

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

                                  2334

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 18, 2011
                               ___________

Introduced by M. of A. P. RIVERA, J. RIVERA, KAVANAGH -- Multi-Sponsored
  by  --  M. of A.   BOYLAND, GOTTFRIED -- 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.

                                                           LBD00042-01-1