senate Bill S985A

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 - Passed Senate


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

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Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 10, 2014 referred to judiciary
delivered to assembly
passed senate
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.664
May 07, 2014 print number 985a
amend and recommit to judiciary
Jan 08, 2014 referred to judiciary
returned to senate
died in assembly
Jun 18, 2013 referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1418
committee discharged and committed to rules
Jan 09, 2013 referred to judiciary

Votes

view votes

May 13, 2014 - Judiciary committee Vote

S985A
22
0
committee
22
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Judiciary committee vote details

Jun 18, 2013 - Rules committee Vote

S985
23
0
committee
23
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

S985 - Bill Details

See Assembly Version of this Bill:
A5993A
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §7805, CPLR
Versions Introduced in 2011-2012 Legislative Session:
S7232

S985 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S985

TITLE OF BILL:
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

PURPOSE OR GENERAL IDEA OF BILL:
To authorize judicial discretion in
the posting of security for any Article 78 proceeding involving the
issuance of a stay of the enforcement of a determination involving a
permit or approval in connection with the development or construction
of residential housing.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends Rule 7805 of the
CPLR authorizing the court to require the posting of a security in
cases involving the issuance of a stay of the enforcement of a
determination involving a permit or approval in connection with the
development or construction of residential housing.

Section two sets the effective date.

JUSTIFICATION:
It is a typical requirement in civil practice that a
party seeking a temporary restraining order or stay on appeal, post
some form of security in exchange for obtaining the requested order
or stay, in the event that the requestor does not prevail and causes
injury to the restrained party. In situations where a homeowner or
builder is temporarily prevented from proceeding by legal process,
this legislation would allow the judge presiding over the matter to
determine the amount of security, necessary to protect the affected
parties and appropriate under the circumstances.

PRIOR LEGISLATIVE HISTORY:
S.7232 (2012)

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   985

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MARTINS -- 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 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

S985A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A5993A
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §7805, CPLR
Versions Introduced in 2011-2012 Legislative Session:
S7232

S985A (ACTIVE) - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S985A

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: To authorize judicial discretion in
the posting of security for any Article 78 proceeding involving the
issuance of a stay of the enforcement of a determination involving a
permit or approval in connection with the development or construction
of residential housing.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends Rule 7805 of the CPLR authorizing the court to
require the posting of a security in cases involving the issuance of a
stay of the enforcement of a determination involving a permit or
approval in connection with the development or construction of
residential housing.

Section two sets the effective date.

JUSTIFICATION: It is a typical requirement in civil practice that a
party seeking a temporary restraining order or stay on appeal, post
some form of security in exchange for obtaining the requested order or
stay, in the event that the requesting party does not prevail and
causes injury to the restrained party. In situations where a homeowner
or builder is temporarily prevented from proceeding by legal process,
this legislation would allow the judge presiding over the matter to
determine the amount of security, necessary to protect the affected
parties and appropriate under the circumstances.

PRIOR LEGISLATIVE HISTORY: S.7232 (2012)

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 985--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  --  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.
                                                           LBD04580-02-4

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