S T A T E O F N E W Y O R K
________________________________________________________________________
533
2025-2026 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 8, 2025
___________
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] SUCH PETITIONER is entitled, or may dismiss the proceeding
either on the merits or with leave to renew. If the proceeding was
brought to review a determination, 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 SUBSTAN-
TIAL 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 peti-
tioner, and must be such as [he] SUCH PETITIONER 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] SUCH
BODY'S OR OFFICER'S 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.
LBD02439-01-5
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