Bill Text: NY A07464 | 2023-2024 | General Assembly | Introduced

New York Assembly Bill 7464

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2024-03-21 - REFERRED TO JUDICIARY [A07464 Detail]

Download: New_York-2023-A07464-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          7464

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      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:

     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 5616 to read as follows:
     3    § 5616. Renewal based on subsequent change in  law.  (a)  Grounds  for
     4  motion. When the court of appeals has decided an issue of law and 1. the
     5  action  or  proceeding  in  which  the court of appeals has rendered the
     6  decision has not been finally determined in an  order  or  judgment  not
     7  subject  to  appellate review or remains sub judice, and 2. a subsequent
     8  enactment by the legislature of the state or  by  the  congress  of  the
     9  United  States  or  a  subsequent  decision  of the supreme court of the
    10  United States appears to be applicable to the action or  proceeding  and
    11  contrary to the decision of the court of appeals, any party aggrieved by
    12  the  court  of  appeals'  decision  may file a motion to renew with that
    13  court.
    14    (b) Briefing and oral argument. Upon the filing of a  motion  pursuant
    15  to  subdivision  (a) of this section, unless the court of appeals deter-
    16  mines that there is no substantial basis for the motion, it shall  grant
    17  the  motion to the extent of permitting full briefing and oral argument,
    18  limited to the question of whether the court of  appeals  should  change
    19  its  decision in light of the subsequent change or  clarification of the
    20  intent of the law,  by the legislature of the state, by the congress  of
    21  the  United  States, or by a subsequent decision of the supreme court of
    22  the United States.
    23    (c) Preservation. In ruling on a motion pursuant to subdivision (a) of
    24  this section and in rendering a decision following the briefing and oral
    25  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

        A. 7464                             2

     1  shall  consider  any  questions of law that were addressed by the subse-
     2  quent enactment or decision, even if the court of appeals previously did
     3  not reach that issue because it held it to  be  unpreserved  or  it  was
     4  unpreserved.
     5    (d)  Time.  A motion pursuant to subdivision (a) of this section shall
     6  be filed not later than ninety days after 1. the enactment  or  decision
     7  that  is  the  basis  of  the  motion,  or 2. the effective date of this
     8  section, whichever is later.
     9    § 2. This act shall take effect immediately.