Assembly Bill A5838

2013-2014 Legislative Session

Provides for the appeal of disputes between shareholders and boards of directors of residential cooperative corporations to a hearing officer appointed by the attorney general

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Archive: Last Bill Status - In Assembly 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

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2013-A5838 (ACTIVE) - Details

See Senate Version of this Bill:
S4626
Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
Cooperative Corporations Law
Laws Affected:
Add §78, Coop Corps L; amd §63, Exec L
Versions Introduced in Other Legislative Sessions:
2011-2012: S7259
2015-2016: A1426, S99
2017-2018: A5472, S637
2019-2020: A4843, S631
2021-2022: A5326
2023-2024: A2768

2013-A5838 (ACTIVE) - Summary

Provides for the appeal of disputes between shareholders and boards of directors of residential cooperatives to a hearing officer appointed by the attorney general.

2013-A5838 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5838

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 7, 2013
                               ___________

Introduced  by  M.  of  A.  GARBARINO  --  read once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the cooperative corporations law and the executive  law,
  in  relation  to  providing for the resolution of disputes between the
  board of directors  of  residential  cooperative  corporations  and  a
  shareholder  to  be  determined  by a hearing officer appointed by the
  attorney general

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The cooperative corporations law is amended by adding a new
section 78 to read as follows:
  S  78.  DISPUTES  TO BE HEARD BY ATTORNEY GENERAL; RESIDENTIAL COOPER-
ATIVE. A SHAREHOLDER IN A COOPERATIVE CORPORATION WHICH OWNS RESIDENTIAL
REAL PROPERTY MAY APPEAL ANY DECISION BY  SUCH  CORPORATION'S  BOARD  OF
DIRECTORS  TO A HEARING OFFICER APPOINTED BY THE ATTORNEY GENERAL PURSU-
ANT TO SUBDIVISION SIXTEEN OF SECTION SIXTY-THREE OF THE EXECUTIVE  LAW.
A  HEARING  UPON  SUCH  APPEAL  SHALL  BE HEARD WITHIN SIXTY DAYS OF THE
FILING THEREOF WITH THE DEPARTMENT OF LAW, WITH NOTICE TO THE  BOARD  OF
DIRECTORS.  THE  HEARING OFFICER SHALL PROVIDE EACH PARTY AN OPPORTUNITY
TO BE HEARD AND RENDER FINAL DETERMINATION BASED  ON  THE  EVIDENCE  AND
TESTIMONY PRESENTED AT THE HEARING.
  S 2. Section 63 of the executive law is amended by adding a new subdi-
vision 16 to read as follows:
  16.  ESTABLISH  AN  APPEALS  PROCESS FOR THE DETERMINATION OF DISPUTES
BETWEEN SHAREHOLDERS AND THE BOARDS OF DIRECTORS OF  COOPERATIVE  CORPO-
RATIONS  PURSUANT  TO  SECTION  SEVENTY-EIGHT  OF THE COOPERATIVE CORPO-
RATIONS LAW. THE ATTORNEY GENERAL SHALL APPOINT AND EMPOWER SUCH HEARING
OFFICERS AS SHALL BE NECESSARY TO HEAR AND DETERMINE SUCH APPEALS.
  S 3. This act shall take effect immediately, except that  section  one
of  this  act  shall take effect on the first of January next succeeding
the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09440-01-3

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