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 |
Senate Bill S5212
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
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
Actions
Votes
Bill Amendments
2011-S5212 - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§5701, 5704 & 6313, CPLR
2011-S5212 - Sponsor Memo
BILL NUMBER:S5212 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to appellate review of an ex parte order or applications for provisional remedies PURPOSE OR GENERAL IDEA OF BILL: To limit the applicability of Temporary Restraining orders to a period of fourteen days, renewable with an additional fourteen day period. In addition, the bill adopts a method to appeal denials of orders where there is no adverse party (i.e. - a name change petition). SUMMARY OF SPECIFIC PROVISIONS: Section one of the measure would add a new paragraph four to subdivision (a) of §5701 to provide for an appeal in circumstances in which, due to the nature of the application, there is not an adverse party. Section two of the measure would amend subdivision (b) of §5701 to eliminate from the list of orders that are not appealable as of right those orders that are made in proceedings against a body or officer pursuant to Article 78 of the CPLR. Such orders could then be appealed as of right pursuant to paragraph two of subdivision (a) of §5701 to the same extent as orders entered in other actions and
2011-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
(D, WF) 21st Senate District
2011-S5212A (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§5701, 5704 & 6313, CPLR
2011-S5212A (ACTIVE) - Sponsor Memo
BILL NUMBER:S5212A TITLE OF BILL: An act to amend the civil practice law and rules, in relation to appellate review of an ex parte order or applications for provisional remedies PURPOSE OR GENERAL IDEA OF BILL: To limit the applicability of Temporary Restraining orders to a period of fourteen days, renewable with an additional fourteen day period. In addition, the bill adopts a method to appeal denials of orders where there is no adverse party (ie. - a name change petition). SUMMARY OF SPECIFIC PROVISIONS: Section one of the measure would add a new paragraph four to subdivision (a) of §570 1 to provide for an appeal in circumstances in which, due to the nature of the application, there is not an adverse party. Section two of the measure would amend subdivision (b) of §570l to eliminate from the list of orders that are not appealable as of right those orders that are made in proceedings against a body or officer pursuant to Article 78 of the CPLR. Such orders could then be appealed as of right pursuant to paragraph two of subdivision (a) of
2011-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
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