|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to judiciary|
|Apr 03, 2019||referred to judiciary|
senate Bill S4994
Current Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4994 (ACTIVE) - Details
S4994 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4994 SPONSOR: PARKER TITLE OF BILL: An act to amend the civil practice law and rules, in relation to creating the anti-SLAPP act PURPOSE: Creates the anti-SLAPP act. SUMMARY OF PROVISIONS: Section 1: Entitles the act the "anti-SLAPP Act" Section 2: Amends subdivisions (c) and (g) of section 3211 of the civil practice law and rules. Subdivision (c) as amended by the judicial conference proposal number 4 for the year 1973 is amended to provide a new cross-reference to subdivision (g). Subdivision (g) is amended to include a provision requiring that discovery be stayed pending a deci- sion on the motion and that the court shall set a hearing date no later than 60 days after the date of service of the motion unless docket conditions require a later hearing, but the hearing shall not occur more than ninety days after service of the motion. Additionally subdivision
S4994 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4994 2019-2020 Regular Sessions I N S E N A T E April 3, 2019 ___________ Introduced by Sen. PARKER -- 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 creat- ing the anti-SLAPP act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "anti-SLAPP act". § 2. Subdivisions (c) and (g) of rule 3211 of the civil practice law and rules, subdivision (c) as amended by judicial conference proposal number 4 for the year 1973, subdivision (g) as added by chapter 767 of the laws of 1992, are amended to read as follows: (c) Evidence permitted; immediate trial; motion treated as one for summary judgment. Upon the hearing of a motion made under subdivision (a) [or], (b) OR (G), either party may submit any evidence that could properly be considered on a motion for summary judgment. Whether or not issue has been joined, the court, after adequate notice to the parties, may treat the motion as a motion for summary judgment. The court may, when appropriate for the expeditious disposition of the controversy, order immediate trial of the issues raised on the motion. (g) Standards for motions to dismiss in certain cases involving public petition and participation. A motion to dismiss based on paragraph seven of subdivision (a) of this section, in which the moving party has demon- strated that the action, claim, cross claim or counterclaim subject to the motion is an action involving public petition and participation as defined in paragraph (a) of subdivision one of section seventy-six-a of the civil rights law, shall be granted unless the party responding to the motion demonstrates that the cause of action has a substantial basis in law or is supported by a substantial argument for an extension, modification or reversal of existing law. DISCOVERY SHALL BE SUSPENDED PENDING A DECISION ON THE MOTION. The court shall grant preference in EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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