S T A T E O F N E W Y O R K
________________________________________________________________________
6299
2023-2024 Regular Sessions
I N A S S E M B L Y
April 3, 2023
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to judg-
ments in favor of a petitioner in article 78 proceedings relating to
disability pensions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 7806 of the civil practice law and rules, as
amended by chapter 318 of the laws of 1962, is amended to read as
follows:
§ 7806. Judgment. The judgment may grant the petitioner the relief to
which he is entitled, or may dismiss the proceeding either on the merits
or with leave to renew. If the proceeding was brought to review a deter-
mination, the judgment may annul or confirm the determination in whole
or in part, or modify it, and may direct or prohibit specified action by
the respondent, PROVIDED, HOWEVER, THAT WHEN THE DETERMINATION BEING
REVIEWED IS A DETERMINATION BY A PENSION OR RETIREMENT SYSTEM OF THE
STATE OR CIVIL DIVISION THEREOF DENYING THE PETITIONER A DISABILITY
PENSION, THE COURT, UPON A FINDING THAT THE DETERMINATION WAS ARBITRARY
AND CAPRICIOUS AND NOT SUPPORTED BY SUBSTANTIAL EVIDENCE, MAY ANNUL THE
DETERMINATION AND GRANT THE PETITIONER THE REQUESTED DISABILITY PENSION.
Any restitution or damages granted to the petitioner must be incidental
to the primary relief sought by the petitioner, and must be such as he
might otherwise recover on the same set of facts in a separate action or
proceeding suable in the supreme court against the same body or officer
in its or his official capacity.
§ 2. This act shall take effect immediately and shall apply to all
appeals that have been filed but not yet adjudicated.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09948-01-3