Assembly Bill A5669

2015-2016 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

download bill text pdf

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Archive: Last Bill Status - In Assembly 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

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2015-A5669 (ACTIVE) - Details

See Senate Version of this Bill:
S292
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
2013-2014: A5993, S985
2017-2018: A4455, S4456

2015-A5669 (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.

2015-A5669 (ACTIVE) - Bill Text download pdf

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

                                  5669

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2015
                               ___________

Introduced by M. of A. LAVINE -- 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  OF  THIS
ARTICLE.    THE COURT IN ISSUING A STAY OF THE ENFORCEMENT OF A DETERMI-
NATION INVOLVING A PERMIT OR APPROVAL IN CONNECTION WITH THE DEVELOPMENT
OR CONSTRUCTION OF RESIDENTIAL HOUSING MAY REQUIRE THE POSTING OF  SECU-
RITY 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.
                                                           LBD02154-02-5


              

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