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Senate Bill S3897

2011-2012 Legislative Session

Extends the period within which an article 78 proceeding must be appealed to 2 years

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2011-S3897 (ACTIVE) - Details

See Assembly Version of this Bill:
A10428
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง5513, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: S4139, A6177
2015-2016: S4626

2011-S3897 (ACTIVE) - Summary

Extends the period of time within which a proceeding against a body or officer pursuant to article 78 of the civil practice law and rules must be appealed to 2 years.

2011-S3897 (ACTIVE) - Sponsor Memo

2011-S3897 (ACTIVE) - Bill Text download pdf 

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

                                  3897

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 9, 2011
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to appeals
  of proceedings against a body or officer

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

  Section 1. Subdivisions (a) and (b) of section 5513 of the civil prac-
tice  law  and rules, as amended by chapter 214 of the laws of 1996, are
amended to read as follows:
  (a) Time to take appeal as of right. An appeal as  of  right  must  be
taken  within thirty days after service by a party upon the appellant of
a copy of the judgment or order appealed from and written notice of  its
entry,  except that when the appellant has served a copy of the judgment
or order and written notice of its entry, the appeal must be taken with-
in thirty days thereof; PROVIDED, HOWEVER, THAT, AN APPEAL AS  OF  RIGHT
OF  A  PROCEEDING  CONDUCTED  PURSUANT  TO ARTICLE SEVENTY-EIGHT OF THIS
CHAPTER MUST BE TAKEN WITHIN TWO YEARS AFTER SERVICE BY A PARTY UPON THE
APPELLANT OF A COPY OF THE JUDGMENT OR ORDER APPEALED FROM  AND  WRITTEN
NOTICE OF ITS ENTRY, EXCEPT THAT WHEN THE APPELLANT HAS SERVED A COPY OF
THE  JUDGMENT  OR ORDER AND WRITTEN NOTICE OF ITS ENTRY, THE APPEAL MUST
BE TAKEN WITHIN TWO YEARS THEREOF.
  (b) Time to move for permission to appeal. The  time  within  which  a
motion  for permission to appeal must be made shall be computed from the
date of service by a party upon the party seeking permission of  a  copy
of  the  judgment or order to be appealed from and written notice of its
entry, or, where permission has already been  denied  by  order  of  the
court  whose  determination  is sought to be reviewed, of a copy of such
order and written notice of its entry, except that when such party seek-
ing permission to appeal has served a copy of such judgment or order and
written notice of its entry, the time shall be computed from the date of
such service. A motion for permission to  appeal  must  be  made  within

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09787-01-1

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