What's happening
This bill allows certain legal proceedings against state agencies to be brought in either Albany County or the petitioner's judicial district, except those against the Public Service Commission, which must remain in Albany County.
Why it matters
Expands Access to Courts. By allowing lawsuits against most state agencies to be brought in the petitioner’s local judicial district (not just Albany County), the bill could reduce travel and legal costs, making it easier for individuals and businesses statewide to challenge government actions.
Balances State and Local Interests. The exception for the Public Service Commission (PSC) means that some cases with broad statewide impact—like those affecting utilities—continue to be centralized in Albany, potentially ensuring consistency and expertise in rulings.
Shifts Strategic Dynamics. Petitioners gain more flexibility in choosing a legal venue (except against the PSC), which could influence litigation strategy, court workloads, and possibly outcomes, especially in regions with more favorable courts or judges.
Potential for Increased Litigation. Lowering barriers to venue may encourage more legal challenges to state agency decisions, potentially increasing state agencies’ accountability but also their litigation burden.
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Who cares
Petitioners challenging listed state bodies or officers
The bill would let them bring covered proceedings in Albany County or in the judicial district where they reside or have their principal place of business.
Education and tax officials
Proceedings against the Regents, education commissioner, taxation and finance commissioner and Tax Appeals Tribunal could be brought outside Albany County, subject to the existing Tax Law exception.
Transportation officials, the comptroller and agriculture regulators
The bill would expand venue options for proceedings against these officials and agencies, with transportation proceedings limited to the specified Transportation Law articles or the Railroad Law.
Public Service Commission and its challengers
Proceedings against the commission would remain restricted to Supreme Court in Albany County.
Headline styles
Let Lawsuits Start Locally
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A1599
- Ordered to third reading cal.1566
- Committee discharged and committed to rules
- 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.
Let Petitioners Choose Court Location
Vetoed · Sponsor William Magnarelli
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7086
IN SENATE (Prefiled)
January 3, 2018
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 Assembly, do enact as follows:
Section 1. Paragraph 2 of subdivision (b) of section 506 of the civil practice law and rules, as amended by chapter 47 of the laws of 1992, is amended to read as follows:
2. a proceeding against the regents of the university of the state of New York, the commissioner of education, the commissioner of taxation and finance, the tax appeals tribunal, except as provided in section two thousand sixteen of the tax law, the public service commission, the commissioner or the department of transportation relating to [articles] article three, four, five, six, seven, eight, nine, or ten of the transportation law or to the railroad law, the water resources board, the comptroller, or the department of agriculture and markets[, shall] may be commenced in the supreme court, Albany county or in the judicial district in which the petitioner resides or has its principal place of business; provided, however, that a proceeding against the public service commission shall only be commenced in the supreme court, Albany county.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00573-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to the venue for certain special proceedings
Purpose or general idea
Current law allows that certain proceedings can be filed in Albany Coun- ty Supreme Court. This bill allows these proceedings to be filed at other locations throughout the state.
Summary of specific provisions
Section 1 amends Section 506 of the Civil Practice Law and Rules to allow certain proceedings against certain regulatory state agencies to be commenced in the judicial district where the petitioner resides instead of only in Albany.
Section 2 provides the effective date.
Effects of present law this bill would alter
Current law allows that proceedings against certain State regulatory agencies be commenced in Supreme Court, Albany County.
Justification
Citizens should have the opportunity to file proceedings in the area which they reside, not just in Albany.
Prior legislative history
2016: S574/A1547 - REFERRED TO JUDICIARY/ passed assembly 2015: S574/A1547 - REFERRED TO JUDICIARY/ passed assembly 2014: S165/A479 - REFERRED TO JUDICIARY Passed Assembly 2013: S165/A479 - REFERRED TO JUDICIARY Passed Assembly 2012: S28/A6245 - REFERRED TO JUDICIARY Passed Assembly 2011: S28/A6245 - CODES COMMITTEE DISCHARGE AND COMMITTED TO CODES/Passed Assembly 2010: S7401/A5197 - REFERRED TO CODES/Passed Assembly 2009: A5197 - Passed Assembly Also passed Assembly from 1995-1997 and 1999-2008.
Fiscal implication
Minimal impact on administrative costs.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.