Bill Text: NY S06491 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that the court shall confirm an award in a public sector arbitration proceeding upon application of a party made within one year after delivery to the party, unless an application to vacate or modify the award upon certain grounds is made.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-11-21 - SIGNED CHAP.679 [S06491 Detail]

Download: New_York-2023-S06491-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6491

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 24, 2023
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- 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  court
          confirmation of arbitration awards for public sector arbitrations

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 7510 of the civil practice law and rules is amended
     2  to read as follows:
     3    § 7510. Confirmation of award. The court shall confirm an  award  upon
     4  application  of a party made within one year after its delivery to [him]
     5  them, unless the award is vacated or modified upon a ground specified in
     6  section [7511] seventy-five hundred eleven of this article.
     7    § 2. The civil practice law and rules  is  amended  by  adding  a  new
     8  section 7510-a to read as follows:
     9    §  7510-a.  Confirmation of award for public sector arbitrations.  (a)
    10  The court shall confirm an award in a public sector arbitration proceed-
    11  ing upon application of a party made within one year after its  delivery
    12  to the party, unless an application to vacate or modify the award upon a
    13  ground  specified in section seventy-five hundred eleven of this article
    14  is made within ninety days after the delivery of the award to the  party
    15  seeking to modify or vacate.
    16    (b)  This  section  shall  only  apply  to  awards from an arbitration
    17  between a public employer and an employee of the public employer.
    18    (c) For the purposes of this section, "public employer" means (i)  the
    19  state of New York, (ii) a county, city, town, village or any other poli-
    20  tical  subdivision  or  civil  division  of  the  state,  (iii) a school
    21  district or any governmental entity operating a public  school,  college
    22  or  university,  (iv)  a  public  improvement or special district, (v) a
    23  public authority, commission, or public benefit  corporation,  (vi)  any
    24  other  public  corporation, agency or instrumentality or unit of govern-
    25  ment which exercises governmental powers under the laws of the state, or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10647-01-3
        S. 6491                             2

     1  (vii) in the case of a county sheriff's office in those  counties  where
     2  the  office  of  sheriff is an elected position, both the county and the
     3  sheriff, shall be designated as a joint public employer for all purposes
     4  of this article.
     5    § 3. This act shall take effect immediately.