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Assembly Bill A2988A

2017-2018 Legislative Session

Relates to article 78 judgments regarding disability pension determinations

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2017-A2988 - Details

See Senate Version of this Bill:
S1762
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §7806, CPLR

2017-A2988 - Summary

Permits court ruling in favor of a petitioner appealing the denial of a disability pension determination to grant disability pension.

2017-A2988 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2988
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Judiciary
 
 AN  ACT  to amend the civil practice law and rules, in relation to judg-
   ments in favor of a petitioner in article 78 proceedings  relating  to
   disability pensions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 7806 of  the  civil  practice  law  and  rules,  as
 amended  by  chapter  318  of  the  laws  of 1962, is amended to read as
 follows:
   § 7806. Judgment. The judgment may grant the petitioner the relief  to
 which he is entitled, or may dismiss the proceeding either on the merits
 or with leave to renew. If the proceeding was brought to review a deter-
 mination,  the  judgment may annul or confirm the determination in whole
 or in part, or modify it, and may direct or prohibit specified action by
 the respondent, PROVIDED, HOWEVER, THAT  WHEN  THE  DETERMINATION  BEING
 REVIEWED  IS  A  DETERMINATION  BY A PENSION OR RETIREMENT SYSTEM OF THE
 STATE OR CIVIL DIVISION THEREOF  DENYING  THE  PETITIONER  A  DISABILITY
 PENSION,  THE COURT, UPON A FINDING THAT THE DETERMINATION WAS ARBITRARY
 AND CAPRICIOUS AND NOT SUPPORTED BY SUBSTANTIAL EVIDENCE, MAY ANNUL  THE
 DETERMINATION AND GRANT THE PETITIONER THE REQUESTED DISABILITY PENSION.
 Any  restitution or damages granted to the petitioner must be incidental
 to the primary relief sought by the petitioner, and must be such  as  he
 might otherwise recover on the same set of facts in a separate action or
 proceeding  suable in the supreme court against the same body or officer
 in its or his official capacity.
   § 2. This act shall take effect immediately and  shall  apply  to  all
 appeals that have been filed but not yet adjudicated.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06476-01-7

2017-A2988A (ACTIVE) - Details

See Senate Version of this Bill:
S1762
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §7806, CPLR

2017-A2988A (ACTIVE) - Summary

Permits court ruling in favor of a petitioner appealing the denial of a disability pension determination to grant disability pension.

2017-A2988A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2988--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2017
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on  Judiciary -- 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  judg-
   ments  in  favor of a petitioner in article 78 proceedings relating to
   disability pensions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  7806  of  the  civil  practice law and rules, as
 amended by chapter 318 of the laws  of  1962,  is  amended  to  read  as
 follows:
   §  7806. Judgment. The judgment may grant the petitioner the relief to
 which he is entitled, or may dismiss the proceeding either on the merits
 or with leave to renew. If the proceeding was brought to review a deter-
 mination, the judgment may annul or confirm the determination  in  whole
 or in part, or modify it, and may direct or prohibit specified action by
 the  respondent,  PROVIDED,  HOWEVER,  THAT WHEN THE DETERMINATION BEING
 REVIEWED IS A DETERMINATION BY A PENSION OR  RETIREMENT  SYSTEM  OF  THE
 STATE  OR  CIVIL  DIVISION  THEREOF  DENYING THE PETITIONER A DISABILITY
 PENSION, THE COURT MAY REVIEW ALL QUESTIONS OF LAW  AND  FACT  DE  NOVO,
 ANNUL THE DETERMINATION AND GRANT THE PETITIONER THE REQUESTED DISABILI-
 TY  PENSION.   Any restitution or damages granted to the petitioner must
 be incidental to the primary relief sought by the petitioner,  and  must
 be  such  as  he  might  otherwise recover on the same set of facts in a
 separate action or proceeding suable in the supreme  court  against  the
 same body or officer in its or his official capacity.
   §  2.  This  act  shall take effect immediately and shall apply to all
 appeals that have been filed but not yet adjudicated.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06476-03-7

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