Assembly Bill A7213

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7213
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 21, 2025
                                ___________
 
 Introduced  by  M.  of A. CHANDLER-WATERMAN -- 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] SUCH  PETITIONER
 represents  in  law or in fact, WHICH DETERMINATION SHALL BE SERVED UPON
 THE PETITIONER OR THE PERSON WHOM SUCH PETITIONER 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] SUCH PETITIONER represents, to  perform  its  duty;  or
 with  leave  of  the  court where the petitioner or the person whom [he]
 SUCH PETITIONER represents, at the time such determination became  final
 and  binding  upon [him] SUCH PETITIONER 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 SUCH PETITIONER REPRESENTS IN  LAW  OR  IN
 FACT,  THE STATUTE OF LIMITATIONS COMMENCES FIVE DAYS AFTER THE DETERMI-
 NATION 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.
                                                            LBD07463-01-5