What's happening
This bill allows certain legal proceedings against New York state agencies to be filed either in Albany County or where the petitioner resides or has its principal place of business, except for cases against the Public Service Commission, which remain in Albany.
Why it matters
Makes it easier for individuals and businesses to challenge certain New York state agencies. by allowing them to file legal proceedings in their local judicial district rather than traveling to Albany, potentially reducing costs and barriers to access to justice.
Could lead to greater regional diversity in court rulings on state agency actions. , since cases could be heard by judges outside of Albany, possibly resulting in less centralized legal precedents and more varied interpretations.
Excludes the Public Service Commission from the new venue options. , meaning that any legal challenges against this powerful regulatory body must still be filed in Albany, preserving the status quo for utility and energy-related disputes.
May increase the workload for courts outside Albany. and shift the balance of litigation risks for state agencies, which may now have to defend actions in multiple locations across the state.
Albany, before your first meeting.
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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.
Regents and commissioner of education
Proceedings against them could be brought outside Albany County under the expanded venue options.
Tax, transportation, agriculture and other listed state officials and agencies
They could face covered proceedings in petitioners’ home judicial districts rather than exclusively in Albany County, with the existing Tax Law exception preserved.
Public Service Commission and petitioners challenging it
Proceedings against the commission would remain restricted to Supreme Court in Albany County.
Headline styles
Let Petitioners Choose Court
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Tabled
- Vetoed memo.125
- Delivered to governor
- Returned to assembly
- Passed senateVote 62–0
- 3rd reading cal.1506
- Substituted for S5139
- Referred to rules
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.527
- Reported
Show 1 earlier action
- Referred to codes
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.
Expand Venue for State Lawsuits
Senate Floor Calendar · Sponsor Brian Kavanagh
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6240
2019-2020 Regular Sessions
IN ASSEMBLY
March 4, 2019
Introduced by M. of A. MAGNARELLI -- read once and referred to the Committee on Codes
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 one year after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08514-01-9
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.