senate Bill S4456A

2017-2018 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 - 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 (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 13, 2018 referred to judiciary
delivered to assembly
passed senate
Jan 23, 2018 advanced to third reading
Jan 22, 2018 2nd report cal.
Jan 17, 2018 1st report cal.194
Jan 03, 2018 referred to judiciary
returned to senate
died in assembly
Jun 13, 2017 referred to judiciary
delivered to assembly
passed senate
Jun 07, 2017 star removed
Jun 05, 2017 amended on third reading 4456a
May 03, 2017 starred on calendar
May 01, 2017 advanced to third reading
Apr 26, 2017 2nd report cal.
Apr 25, 2017 1st report cal.627
Feb 15, 2017 referred to judiciary

Votes

view votes

Jan 17, 2018 - Judiciary committee Vote

S4456A
23
0
committee
23
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Judiciary committee vote details

Apr 25, 2017 - Judiciary committee Vote

S4456
21
0
committee
21
Aye
0
Nay
0
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show committee vote details

S4456 - Details

See Assembly Version of this Bill:
A10982
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: S985
2015-2016: S292

S4456 - 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.

S4456 - Sponsor Memo

S4456 - Bill Text download pdf


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

                                  4456

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 15, 2017
                               ___________

Introduced  by Sen. PHILLIPS -- 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:
  § 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.
  § 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07884-01-7

S4456A (ACTIVE) - Details

See Assembly Version of this Bill:
A10982
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: S985
2015-2016: S292

S4456A (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.

S4456A (ACTIVE) - Sponsor Memo

S4456A (ACTIVE) - Bill Text download pdf


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

                                 4456--A
    Cal. No. 627

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 15, 2017
                               ___________

Introduced  by Sen. PHILLIPS -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Judiciary  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

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:
  § 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, UPON THE FILING OF  A  PETI-
TION  BY  THE  RESPONDENT,  REQUIRE  THE  POSTING OF SECURITY BOND IN AN
AMOUNT THE COURT SHALL DEEM PROPER.
  § 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07884-04-7

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