senate Bill S5212A

2011-2012 Legislative Session

Relates to appeals to the appellate division

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

do you support this bill?

Actions

view actions (7)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Jun 24, 2011 committed to rules
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
amended 5212a
Jun 07, 2011 1st report cal.1080
May 03, 2011 referred to judiciary

Bill Amendments

Original
A (Active)
Original
A (Active)

S5212 - Details

Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§5701, 5704 & 6313, CPLR

S5212 - Summary

Provides for appellate review of an ex parte order or applications for provisional remedies; permits appeals in article 78 proceedings; relates to time periods for restraining orders.

S5212 - Sponsor Memo

S5212 - Bill Text download pdf

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

                                  5212

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen. BONACIC -- 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  appel-
  late review of an ex parte order or applications for provisional reme-
  dies

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

  Section 1. Paragraph 3 of subdivision (a) of section 5701 of the civil
practice law and rules is amended and a new paragraph 4 is added to read
as follows:
  3. from an order, where the motion it decided was  made  upon  notice,
refusing  to  vacate  or  modify a prior order, if the prior order would
have been appealable as of right under paragraph two had  it  decided  a
motion made upon notice[.]; OR
  4. FROM AN ORDER DENYING IN WHOLE OR IN PART AN APPLICATION FOR WHICH,
BY ITS NATURE, THERE IS NOT AN ADVERSE PARTY.
  S  2.  Subdivision  (b)  of section 5701 of the civil practice law and
rules is amended to read as follows:
  (b) Orders not appealable as of right. An order is not  appealable  to
the appellate division as of right where it:
  1.  [is  made  in  a  proceeding against a body or officer pursuant to
article 78; or
  2.] requires or refuses to require a  more  definite  statement  in  a
pleading; or
  [3.]  2.  orders  or  refuses  to order that scandalous or prejudicial
matter be stricken from a pleading.
  S 3. Section 5704 of the civil practice law and  rules,  as  added  by
chapter  730  of the laws of 1963, subdivision (a) as amended by chapter
435 of the laws of 1972 and subdivision (b) as amended by chapter 577 of
the laws of 1966, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11395-01-1

Co-Sponsors

S5212A (ACTIVE) - Details

Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§5701, 5704 & 6313, CPLR

S5212A (ACTIVE) - Summary

Provides for appellate review of an ex parte order or applications for provisional remedies; permits appeals in article 78 proceedings; relates to time periods for restraining orders.

S5212A (ACTIVE) - Sponsor Memo

S5212A (ACTIVE) - Bill Text download pdf

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

                                 5212--A
    Cal. No. 1080

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Judiciary  --  reported
  favorably  from  said  committee,  ordered to first report, amended on
  first report, ordered  to  a  second  report  and  ordered  reprinted,
  retaining its place in the order of second report

AN  ACT to amend the civil practice law and rules, in relation to appel-
  late review of an ex parte order or applications for provisional reme-
  dies

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

  Section 1. Paragraph 3 of subdivision (a) of section 5701 of the civil
practice law and rules is amended and a new paragraph 4 is added to read
as follows:
  3.  from  an  order, where the motion it decided was made upon notice,
refusing to vacate or modify a prior order, if  the  prior  order  would
have  been  appealable  as of right under paragraph two had it decided a
motion made upon notice[.]; OR
  4. FROM AN ORDER DENYING IN WHOLE OR IN PART AN APPLICATION FOR WHICH,
BY ITS NATURE, THERE IS NOT AN ADVERSE PARTY.
  S 2. Subdivision (b) of section 5701 of the  civil  practice  law  and
rules is amended to read as follows:
  (b)  Orders  not appealable as of right. An order is not appealable to
the appellate division as of right where it:
  1. is made in a proceeding against a body or officer pursuant to arti-
cle 78 EXCEPT AN ORDER THAT GRANTS, REFUSES, CONTINUES,  OR  MODIFIES  A
PRELIMINARY INJUNCTION; or
  2.  requires  or  refuses  to  require  a more definite statement in a
pleading; or
  3.  orders or refuses to order that scandalous or  prejudicial  matter
be stricken from a pleading.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11395-02-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.