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Senate Bill S8538

2025-2026 Legislative Session

Extends the statute of limitations for coroners, coroners' physicians and medical examiners for article 78 proceedings

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Current Bill Status - In Senate Committee Rules Committee

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2025-S8538 (ACTIVE) - Details

See Assembly Version of this Bill:
A8986
Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §217, CPLR

2025-S8538 (ACTIVE) - Summary

Extends the statute of limitations for coroners, coroners' physicians and medical examiners for article 78 proceedings to ten years.

2025-S8538 (ACTIVE) - Sponsor Memo

2025-S8538 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8538
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             October 22, 2025
                                ___________
 
 Introduced  by  Sen.  BASKIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil practice law and rules, in relation to extend-
   ing the statute of limitations for coroners, coroners'  physicians  or
   medical examiners for article 78 proceedings

   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, or after the respondent's 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 PETI-
 TIONER or at the time of such refusal, was under a disability  specified
 in  section 208 OF THIS ARTICLE, within two years after such time, OR IN
 THE CASE OF  A  CORONER,  CORONER'S  PHYSICIAN  OR  MEDICAL  EXAMINER  A
 PROCEEDING  MUST  BE  COMMENCED  WITHIN  TEN  YEARS  AFTER SUCH CORONER,
 CORONER'S PHYSICIAN OR MEDICAL EXAMINER'S REPORT IS FINALIZED.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11791-01-5

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