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

                                  9808

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

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

AN ACT to amend the civil practice law and rules,  in  relation  to  the
  timing of proceedings against a body or an officer

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

  Section 1. Subdivision 1 of section 217 of the civil practice law  and
rules, as amended by chapter 467 of the laws of 1990, is amended to read
as follows:
  1.  Unless  a  shorter  time  is  provided  in the law authorizing the
proceeding, a proceeding against a body or  officer  must  be  commenced
within  four months after the determination to be reviewed becomes final
and binding upon the petitioner or the person whom he OR SHE  represents
in  law  or  in fact, WHICH DETERMINATION SHALL BE SERVED UPON THE PETI-
TIONER OR THE PERSON WHOM HE OR SHE REPRESENTS IN LAW  OR  IN  FACT,  IN
PERSON  OR  BY  FIRST  CLASS  MAIL,  or after the respondent's ACTUAL OR
CONSTRUCTIVE refusal, upon the demand of the petitioner  or  the  person
whom  he  OR  SHE  represents, to perform its duty; or with leave of the
court where the petitioner or the person whom he OR SHE  represents,  at
the  time such determination became final and binding upon him OR HER or
at the time of such refusal, was under a disability specified in section
208, within two years after such time. IF THE DETERMINATION IS MAILED BY
FIRST CLASS MAIL TO THE PETITIONER OR THE PERSON WHOM HE OR SHE  REPRES-
ENTS  IN  LAW OR IN FACT, THE STATUTE OF LIMITATIONS COMMENCES FIVE DAYS
AFTER THE DETERMINATION WAS PLACED IN THE MAIL.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09304-02-6