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Assembly Bill A5993A

2013-2014 Legislative Session

Relates to a stay of enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A5993 - Details

See Senate Version of this Bill:
S985
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §7805, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: S7232
2015-2016: A5669, S292
2017-2018: A4455, S4456

2013-A5993 - Summary

Relates to a stay of enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing.

2013-A5993 - Bill Text download pdf 

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

                                  5993

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2013
                               ___________

Introduced  by  M.  of  A.  HENNESSEY  --  read once and referred to the
  Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to a  stay
  of  the  enforcement of a determination involving a permit or approval
  in connection with the  development  or  construction  of  residential
  housing

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

  Section 1. Section 7805 of the civil practice law and rules is amended
to read as follows:
  S 7805. Stay. On the motion of any party or on its own initiative, the
court may stay further proceedings, or the enforcement of  any  determi-
nation  under  review, upon terms including notice, security and payment
of costs, except that the enforcement of an order or judgment granted by
the appellate division in a proceeding under this article may be  stayed
only  by order of the appellate division or the court of appeals. Unless
otherwise ordered, security given on a stay is effective in favor  of  a
person  subsequently joined as a party under section 7802.  THE COURT IN
ISSUING A STAY OF THE ENFORCEMENT OF A DETERMINATION INVOLVING A  PERMIT
OR  APPROVAL IN CONNECTION WITH THE DEVELOPMENT OR CONSTRUCTION OF RESI-
DENTIAL HOUSING SHALL REQUIRE THE POSTING OF SECURITY IN AN  AMOUNT  THE
COURT SHALL DEEM PROPER.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04580-01-3

co-Sponsors

multi-Sponsors

2013-A5993A (ACTIVE) - Details

See Senate Version of this Bill:
S985
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §7805, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: S7232
2015-2016: A5669, S292
2017-2018: A4455, S4456

2013-A5993A (ACTIVE) - Summary

Relates to a stay of enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing.

2013-A5993A (ACTIVE) - Bill Text download pdf 

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

                                 5993--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2013
                               ___________

Introduced by M. of A. HENNESSEY, RAIA -- Multi-Sponsored by -- M. of A.
  McDONOUGH,  RA -- read once and referred to the Committee on Judiciary
  -- recommitted to the Committee on Judiciary in accordance with Assem-
  bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the civil practice law and rules, in relation to a stay
  of the enforcement of a determination involving a permit  or  approval
  in  connection  with  the  development  or construction of residential
  housing

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

  Section 1. Section 7805 of the civil practice law and rules is amended
to read as follows:
  S 7805. Stay. On the motion of any party or on its own initiative, the
court  may  stay further proceedings, or the enforcement of any determi-
nation under review, upon terms including notice, security  and  payment
of costs, except that the enforcement of an order or judgment granted by
the  appellate division in a proceeding under this article may be stayed
only by order of the appellate division or the court of appeals.  Unless
otherwise  ordered,  security given on a stay is effective in favor of a
person subsequently joined as a party under section 7802.  THE COURT  IN
ISSUING  A STAY OF THE ENFORCEMENT OF A DETERMINATION INVOLVING A PERMIT
OR APPROVAL IN CONNECTION WITH THE DEVELOPMENT OR CONSTRUCTION OF  RESI-
DENTIAL  HOUSING  MAY  REQUIRE  THE POSTING OF SECURITY IN AN AMOUNT THE
COURT SHALL DEEM PROPER.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04580-03-4

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