Assembly Bill A922

2017-2018 Legislative Session

Relates to the timing of proceedings against a body or an officer

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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2017-A922 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §217, CPLR
Versions Introduced in Other Legislative Sessions:
2015-2016: A9808
2019-2020: A529
2021-2022: A1616
2023-2024: A6471

2017-A922 (ACTIVE) - Summary

Relates to the timing of proceedings against a body or an officer.

2017-A922 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    922
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 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.
   § 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.
                                                            LBD06251-01-7

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