S T A T E O F N E W Y O R K
________________________________________________________________________
529
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
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.
LBD05313-01-9