Bill Text: NY S05139 | 2019-2020 | General Assembly | Introduced

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Bill Title: Permits special proceedings against certain designated state officials to be commenced in a supreme court in the judicial district of the petitioner's residence or principal place of business; provides that a proceeding against the public service commission shall only be commenced in the supreme court, Albany county.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2019-11-08 - tabled [S05139 Detail]

Download: New_York-2019-S05139-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5139
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 11, 2019
                                       ___________
        Introduced  by Sen. KAVANAGH -- 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  the
          venue for certain special proceedings
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph 2 of subdivision (b) of section 506 of the  civil
     2  practice law and rules, as amended by chapter 47 of the laws of 1992, is
     3  amended to read as follows:
     4    2.  a proceeding against the regents of the university of the state of
     5  New York, the commissioner of education, the  commissioner  of  taxation
     6  and finance, the tax appeals tribunal, except as provided in section two
     7  thousand  sixteen  of  the  tax  law, the public service commission, the
     8  commissioner or the department of transportation relating to  [articles]
     9  article three, four, five, six, seven, eight, nine, or ten of the trans-
    10  portation  law  or  to  the railroad law, the water resources board, the
    11  comptroller, or the department of agriculture and markets[,  shall]  may
    12  be  commenced  in  the  supreme  court, Albany county or in the judicial
    13  district in which the petitioner resides or has its principal  place  of
    14  business;  provided,  however,  that  a  proceeding  against  the public
    15  service commission shall only be commenced in the supreme court,  Albany
    16  county.
    17    §  2. This act shall take effect one year after it shall have become a
    18  law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08514-01-9