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History
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 61–0
- Ordered to third reading cal.1599
- Committee discharged and committed to rules
- Referred to judiciary
- Returned to senate
- Died in assembly
- Referred to judiciary
- Delivered to assembly
- Passed senateVote 62–0
- Advanced to third reading
Show 3 earlier actions
- 2nd report cal.
- 1st report cal.1040
- 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.
Relates to a stay of enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing
In Assembly Committee · Judiciary · Sponsor Charles Lavine
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to a stay of the enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing
Purpose or general idea of bill
To authorize judicial discretion in the posting of security for any Article 78 proceeding involving the issuance of a stay of the enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing.
Summary of specific provisions
Section one amends Rule 7805 of the CPLR authorizing the court to require the posting of a security in cases involving the issuance of a stay of the enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing.
Section two sets the effective date.
Justification
It is a typical requirement in civil practice that a party seeking a temporary restraining order or stay on appeal, post some form of security in exchange for obtaining the requested order or stay, in the event that the requestor does not prevail and causes injury to the restrained party.In situations where a homeowner or builder is temporarily prevented from proceeding by legal process, this legislation would allow the judge presiding over the matter to determine the amount of security, necessary to protect the affected parties and appropriate under the circumstances.
Prior legislative history
S.985(2014) S.7232 (2012)
Fiscal implications
None to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.