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Senate Bill S488

2017-2018 Legislative Session

Designates venue of certain special proceedings against certain state bodies or officers

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2017-S488 (ACTIVE) - Details

See other versions of this Bill:
S7086 ,
A1599 ,
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §506, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S7401
2011-2012: S28
2013-2014: S165
2015-2016: S574
2019-2020: S5139

2017-S488 (ACTIVE) - Summary

Permits special proceedings against certain designated state officials to be commenced in a supreme court in the judicial district of the petitioner's residence or principal place of business; provides that a proceeding against the public service commission shall only be commenced in the supreme court, Albany county.

2017-S488 (ACTIVE) - Sponsor Memo

2017-S488 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    488
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sen. SQUADRON -- 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  the
   venue for certain special proceedings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph 2 of subdivision (b) of section 506 of the  civil
 practice law and rules, as amended by chapter 47 of the laws of 1992, is
 amended to read as follows:
   2.  a proceeding against the regents of the university of the state of
 New York, the commissioner of education, the  commissioner  of  taxation
 and finance, the tax appeals tribunal, except as provided in section two
 thousand  sixteen  of  the  tax  law, the public service commission, the
 commissioner or the department of transportation relating to  [articles]
 ARTICLE three, four, five, six, seven, eight, nine, or ten of the trans-
 portation  law  or  to  the railroad law, the water resources board, the
 comptroller, or the department of agriculture and markets[,  shall]  MAY
 be  commenced  in  the  supreme  court, Albany county OR IN THE JUDICIAL
 DISTRICT IN WHICH THE PETITIONER RESIDES OR HAS ITS PRINCIPAL  PLACE  OF
 BUSINESS;  PROVIDED,  HOWEVER,  THAT  A  PROCEEDING  AGAINST  THE PUBLIC
 SERVICE COMMISSION SHALL ONLY BE COMMENCED IN THE SUPREME COURT,  ALBANY
 COUNTY.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00573-01-7

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