Bill Text: NY S04139 | 2013-2014 | General Assembly | Introduced


Bill Title: Extends the period of time within which a proceeding against a body or officer pursuant to article 78 of the civil practice law and rules must be appealed to 2 years.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO JUDICIARY [S04139 Detail]

Download: New_York-2013-S04139-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4139
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                    March 12, 2013
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Judiciary
       AN ACT to amend the civil practice law and rules, in relation to appeals
         of proceedings against a body or officer
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions (a) and (b) of section 5513 of the civil prac-
    2  tice  law  and rules, as amended by chapter 214 of the laws of 1996, are
    3  amended to read as follows:
    4    (a) Time to take appeal as of right. An appeal as  of  right  must  be
    5  taken  within thirty days after service by a party upon the appellant of
    6  a copy of the judgment or order appealed from and written notice of  its
    7  entry,  except that when the appellant has served a copy of the judgment
    8  or order and written notice of its entry, the appeal must be taken with-
    9  in thirty days thereof; PROVIDED, HOWEVER, THAT, AN APPEAL AS  OF  RIGHT
   10  OF  A  PROCEEDING  CONDUCTED  PURSUANT  TO ARTICLE SEVENTY-EIGHT OF THIS
   11  CHAPTER MUST BE TAKEN WITHIN TWO YEARS AFTER SERVICE BY A PARTY UPON THE
   12  APPELLANT OF A COPY OF THE JUDGMENT OR ORDER APPEALED FROM  AND  WRITTEN
   13  NOTICE OF ITS ENTRY, EXCEPT THAT WHEN THE APPELLANT HAS SERVED A COPY OF
   14  THE  JUDGMENT  OR ORDER AND WRITTEN NOTICE OF ITS ENTRY, THE APPEAL MUST
   15  BE TAKEN WITHIN TWO YEARS THEREOF.
   16    (b) Time to move for permission to appeal. The  time  within  which  a
   17  motion  for permission to appeal must be made shall be computed from the
   18  date of service by a party upon the party seeking permission of  a  copy
   19  of  the  judgment or order to be appealed from and written notice of its
   20  entry, or, where permission has already been  denied  by  order  of  the
   21  court  whose  determination  is sought to be reviewed, of a copy of such
   22  order and written notice of its entry, except that when such party seek-
   23  ing permission to appeal has served a copy of such judgment or order and
   24  written notice of its entry, the time shall be computed from the date of
   25  such service. A motion for permission to  appeal  must  be  made  within
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05455-01-3
       S. 4139                             2
    1  thirty  days;  PROVIDED,  HOWEVER,  THAT  IN  THE CASE OF AN APPEAL OF A
    2  PROCEEDING CONDUCTED PURSUANT TO ARTICLE SEVENTY-EIGHT OF THIS  CHAPTER,
    3  SUCH MOTION MUST BE MADE WITHIN TWO YEARS.
    4    S  2.  This  act  shall  take  effect  immediately  and shall apply to
    5  proceedings commenced pursuant to article 78 of the civil  practice  law
    6  and rules on or after such effective date.
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