Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Feb 24, 2010 |
referred to codes delivered to senate passed assembly |
Jan 06, 2010 |
ordered to third reading cal.357 returned to assembly died in senate |
Mar 23, 2009 |
referred to codes delivered to senate passed assembly |
Mar 12, 2009 |
advanced to third reading cal.237 |
Mar 10, 2009 |
reported |
Feb 10, 2009 |
referred to codes |
Assembly Bill A5019
2009-2010 Legislative Session
Sponsored By
RIVERA P
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A5019 (ACTIVE) - Details
- See Senate Version of this Bill:
- S5394
- Current Committee:
- Senate Codes
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd ยง902, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A2334, S5327
2013-2014: A6871, S4949
2015-2016: A2191
2017-2018: A3181
2019-2020: A2446
2021-2022: A6501
2023-2024: A4721, A8609
2009-A5019 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5019 2009-2010 Regular Sessions I N A S S E M B L Y February 10, 2009 ___________ Introduced by M. of A. P. RIVERA, J. RIVERA, ESPAILLAT, KAVANAGH -- Multi-Sponsored by -- M. of A. BOYLAND, GOTTFRIED, PERALTA -- read once and referred to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to certif- ication of class actions in cases involving governmental operations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 902 of the civil practice law and rules, as amended by chapter 474 of the laws of 1975, is amended to read as follows: S 902. Order allowing class action. Within sixty days after the time to serve a responsive pleading has expired for all persons named as defendants in an action brought as a class action, the plaintiff shall move for an order to determine whether it is to be so maintained. An order under this section may be conditional, and may be altered or amended before the decision on the merits on the court's own motion or on motion of the parties. The action may be maintained as a class action only if the court finds that the prerequisites under section 901 have been satisfied. Among the matters which the court shall consider in determining whether the action may proceed as a class action are: 1. the interest of members of the class in individually controlling the prosecution or defense of separate actions; 2. the impracticability or inefficiency of prosecuting or defending separate actions; 3. the extent and nature of any litigation concerning the controversy already commenced by or against members of the class; 4. the desirability or undesirability of concentrating the litigation of the claim in the particular forum; 5. the difficulties likely to be encountered in the management of a class action. HOWEVER, A COURT SHALL NOT DENY OR WITHHOLD CLASS CERTIFICATION SOLELY BECAUSE THE ACTION INVOLVES GOVERNMENTAL OPERATIONS. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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