What's happening
This bill requires that determinations in proceedings against a body or officer be served on the affected party, clarifying when the statute of limitations begins.
Why it matters
Clarifies when the statute of limitations starts. By requiring that determinations be formally served (in person or by first class mail), the bill ensures individuals know exactly when the four-month period to challenge a decision begins, reducing confusion and potential disputes over timing.
Protects individuals' right to challenge government actions. Ensuring the affected party receives notice directly helps prevent situations where someone might miss their opportunity to seek judicial review simply because they were unaware a final decision had been made.
Provides a grace period for mailed notices. When determinations are sent by first class mail, the bill establishes that the statute of limitations starts five days after mailing, recognizing possible mail delays and further safeguarding the recipient’s ability to respond in time.
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Who cares
People challenging determinations by bodies or officers
The bill would require personal service or first-class mailing of determinations and start the filing clock five days after mailing when first-class mail is used.
Bodies and officers whose determinations are challenged
They would face an express requirement to serve determinations on petitioners or the people they represent, in person or by first-class mail.
Attorneys handling proceedings against bodies or officers
The bill would expressly recognize actual or constructive refusal to perform a duty as a trigger for the filing deadline after a demand.
Headline styles
Change Filing Deadline Rules
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
529
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
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.
LBD05313-01-9
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.