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History
- Referred to judiciary
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Extends the period within which an article 78 proceeding must be appealed to 2 years
In Assembly Committee · Judiciary · Sponsor Michael Cusick
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S4139
Title of bill
An act to amend the civil practice law and rules, in relation to appeals of proceedings against a body or officer
Purpose
To extend the period within which an Article 78 proceeding must be appealed to 2 years.
Summary of specific provisions
Section one amends section subdivisions (a) and (b) of section 5513 of the civil practice law and rules, as amended by chapter 214 of the laws of 1998.
Section two is an immediate effective date and shall aptly to Proceedings commenced pursuant to article 78 of the civil practice law and rules on or after such effective date.
Justification
Existing law allows an individual to appeal an Article 78 proceeding within one year of a determination. This legislation would extend the limit to two years. Some individuals are not aware that they have such a timeframe , to appeal a determination. They only find out of their right to appeal after the current one year timeframe expires. The measure will only be for new appeals that are commenced after this legislation is signed into law.
Legislative history
2012: S.3897 Referred to Judiciary / A.10428 Referred to Judiciary
Fiscal implications
None.
Effective date
This act shall take effect immediately date and shall apply to proceedings commenced pursuant to article 78 of the civil practice law and rules on or after such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.