Assembly Bill A7464A

2023-2024 Legislative Session

Authorizes renewals to the court of appeals based on a subsequent change in law

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Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A7464 - Details

See Senate Version of this Bill:
S7158
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §5616, CPLR

2023-A7464 - Summary

Authorizes renewals in certain instances by an aggrieved party to the court of appeals based on a subsequent change in law.

2023-A7464 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7464
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the  civil  practice  law  and  rules,  in  relation  to
   renewals based on a subsequent change in law
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The civil practice law and rules is amended by adding a new
 section 5616 to read as follows:
   § 5616. RENEWAL BASED ON SUBSEQUENT CHANGE IN  LAW.  (A)  GROUNDS  FOR
 MOTION. WHEN THE COURT OF APPEALS HAS DECIDED AN ISSUE OF LAW AND 1. THE
 ACTION  OR  PROCEEDING  IN  WHICH  THE COURT OF APPEALS HAS RENDERED THE
 DECISION HAS NOT BEEN FINALLY DETERMINED IN AN  ORDER  OR  JUDGMENT  NOT
 SUBJECT  TO  APPELLATE REVIEW OR REMAINS SUB JUDICE, AND 2. A SUBSEQUENT
 ENACTMENT BY THE LEGISLATURE OF THE STATE OR  BY  THE  CONGRESS  OF  THE
 UNITED  STATES  OR  A  SUBSEQUENT  DECISION  OF THE SUPREME COURT OF THE
 UNITED STATES APPEARS TO BE APPLICABLE TO THE ACTION OR  PROCEEDING  AND
 CONTRARY TO THE DECISION OF THE COURT OF APPEALS, ANY PARTY AGGRIEVED BY
 THE  COURT  OF  APPEALS'  DECISION  MAY FILE A MOTION TO RENEW WITH THAT
 COURT.
   (B) BRIEFING AND ORAL ARGUMENT. UPON THE FILING OF A  MOTION  PURSUANT
 TO  SUBDIVISION  (A) OF THIS SECTION, UNLESS THE COURT OF APPEALS DETER-
 MINES THAT THERE IS NO SUBSTANTIAL BASIS FOR THE MOTION, IT SHALL  GRANT
 THE  MOTION TO THE EXTENT OF PERMITTING FULL BRIEFING AND ORAL ARGUMENT,
 LIMITED TO THE QUESTION OF WHETHER THE COURT OF  APPEALS  SHOULD  CHANGE
 ITS  DECISION IN LIGHT OF THE SUBSEQUENT CHANGE OR  CLARIFICATION OF THE
 INTENT OF THE LAW,  BY THE LEGISLATURE OF THE STATE, BY THE CONGRESS  OF
 THE  UNITED  STATES, OR BY A SUBSEQUENT DECISION OF THE SUPREME COURT OF
 THE UNITED STATES.
   (C) PRESERVATION. IN RULING ON A MOTION PURSUANT TO SUBDIVISION (A) OF
 THIS SECTION AND IN RENDERING A DECISION FOLLOWING THE BRIEFING AND ORAL
 ARGUMENT UNDER SUBDIVISION (B) OF THIS SECTION,  THE  COURT  OF  APPEALS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11330-03-3

co-Sponsors

2023-A7464A (ACTIVE) - Details

See Senate Version of this Bill:
S7158
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §5616, CPLR

2023-A7464A (ACTIVE) - Summary

Authorizes renewals in certain instances by an aggrieved party to the court of appeals based on a subsequent change in law.

2023-A7464A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7464--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 23, 2023
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN,  DINOWITZ, GIBBS -- read once and
   referred to the Committee on Judiciary -- reported and referred to the
   Committee on  Rules  --  Rules  Committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to the Committee on Rules
 
 AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
   renewals based on a subsequent change in law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 5616 to read as follows:
   §  5616.  RENEWAL  BASED  ON SUBSEQUENT CHANGE IN LAW. (A) GROUNDS FOR
 MOTION. WHEN THE COURT OF APPEALS HAS DECIDED AN ISSUE OF LAW AND 1. THE
 ACTION OR PROCEEDING IN WHICH THE COURT  OF  APPEALS  HAS  RENDERED  THE
 DECISION  HAS  NOT  BEEN  FINALLY DETERMINED IN AN ORDER OR JUDGMENT NOT
 SUBJECT TO APPELLATE REVIEW OR REMAINS SUB JUDICE, AND 2.  A  SUBSEQUENT
 ENACTMENT  BY  THE  LEGISLATURE OF THE STATE APPEARS TO BE APPLICABLE TO
 THE ACTION OR PROCEEDING AND CONTRARY TO THE DECISION OF  THE  COURT  OF
 APPEALS,  ANY PARTY AGGRIEVED BY THE COURT OF APPEALS' DECISION MAY FILE
 A MOTION TO RENEW WITH THAT COURT.
   (B) BRIEFING AND ORAL ARGUMENT. UPON THE FILING OF A  MOTION  PURSUANT
 TO  SUBDIVISION  (A) OF THIS SECTION, UNLESS THE COURT OF APPEALS DETER-
 MINES THAT THERE IS NO SUBSTANTIAL BASIS FOR THE MOTION, IT SHALL  GRANT
 THE  MOTION TO THE EXTENT OF PERMITTING FULL BRIEFING AND ORAL ARGUMENT,
 LIMITED TO THE QUESTION OF WHETHER THE COURT OF  APPEALS  SHOULD  CHANGE
 ITS  DECISION IN LIGHT OF THE SUBSEQUENT CHANGE OR  CLARIFICATION OF THE
 INTENT OF THE LAW BY THE LEGISLATURE OF THE STATE.
   (C) PRESERVATION. IN RULING ON A MOTION PURSUANT TO SUBDIVISION (A) OF
 THIS SECTION AND IN RENDERING A DECISION FOLLOWING THE BRIEFING AND ORAL
 ARGUMENT UNDER SUBDIVISION (B) OF THIS SECTION,  THE  COURT  OF  APPEALS
 SHALL  CONSIDER  ANY  QUESTIONS OF LAW THAT WERE ADDRESSED BY THE SUBSE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11330-04-3
 A. 7464--A                          2

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