What's happening
This bill requires that determinations by a body or officer be served to petitioners and clarifies when the statute of limitations begins.
Why it matters
Ensures timely and reliable notification. By requiring that determinations be served to petitioners either in person or by first class mail, the bill ensures that individuals have clear and documented notice of official decisions, reducing the risk of missed or delayed notifications.
Clarifies when legal deadlines begin. The amendment specifies that if a determination is served by mail, the statute of limitations for challenging that decision starts five days after it is mailed. This provides a predictable and fair timeline, helping petitioners avoid losing their right to challenge due to uncertainty about when the clock starts.
Reduces litigation over procedural issues. By explicitly stating how and when determinations must be served and when time limits begin, the bill aims to minimize disputes in court over whether proper notice was given or whether a challenge was filed on time, saving resources for both petitioners and government bodies.
Increases accountability for government bodies. The added service requirements create a record of notification, which can help ensure that agencies and officials fulfill their responsibility to inform affected parties, promoting transparency and trust in administrative processes.
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Who cares
Headline styles
Clarify Legal Notice Timing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
922
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. PERRY -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to the timing of proceedings against a body or an officer
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 217 of the civil practice law and rules, as amended by chapter 467 of the laws of 1990, is amended to read as follows:
1. Unless a shorter time is provided in the law authorizing the proceeding, a proceeding against a body or officer must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner or the person whom he or she represents in law or in fact, which determination shall be served upon the petitioner or the person whom he or she represents in law or in fact, in person or by first class mail, or after the respondent's actual or constructive refusal, upon the demand of the petitioner or the person whom he or she represents, to perform its duty; or with leave of the court where the petitioner or the person whom he or she represents, at the time such determination became final and binding upon him or her or at the time of such refusal, was under a disability specified in section 208, within two years after such time. If the determination is mailed by first class mail to the petitioner or the person whom he or she represents in law or in fact, the statute of limitations commences five days after the determination was placed in the mail.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06251-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.