Senate Bill S28

2011-2012 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 Judiciary 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

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2011-S28 (ACTIVE) - Details

See Assembly Version of this Bill:
A6245
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง506, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S7401, A5197
2013-2014: S165, A479
2015-2016: S574, A1547
2017-2018: S488, S7086, A1599
2019-2020: S5139, A6240

2011-S28 (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.

2011-S28 (ACTIVE) - Sponsor Memo

2011-S28 (ACTIVE) - Bill Text download pdf 

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

                                   28

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed 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.
                                                           LBD00106-01-1

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