Senate Bill S985A

2013-2014 Legislative Session

Relates to a stay of enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing

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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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Bill Amendments

2013-S985 - Details

See Assembly Version of this Bill:
A5993
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §7805, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: S7232
2015-2016: S292, A5669
2017-2018: S4456, A4455

2013-S985 - Summary

Relates to a stay of enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing.

2013-S985 - Sponsor Memo

2013-S985 - Bill Text download pdf 

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

                                   985

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MARTINS -- 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 a  stay
  of  the  enforcement of a determination involving a permit or approval
  in connection with the  development  or  construction  of  residential
  housing

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

  Section 1. Section 7805 of the civil practice law and rules is amended
to read as follows:
  S 7805. Stay. On the motion of any party or on its own initiative, the
court may stay further proceedings, or the enforcement of  any  determi-
nation  under  review, upon terms including notice, security and payment
of costs, except that the enforcement of an order or judgment granted by
the appellate division in a proceeding under this article may be  stayed
only  by order of the appellate division or the court of appeals. Unless
otherwise ordered, security given on a stay is effective in favor  of  a
person  subsequently joined as a party under section 7802.  THE COURT IN
ISSUING A STAY OF THE ENFORCEMENT OF A DETERMINATION INVOLVING A  PERMIT
OR  APPROVAL IN CONNECTION WITH THE DEVELOPMENT OR CONSTRUCTION OF RESI-
DENTIAL HOUSING SHALL REQUIRE THE POSTING OF SECURITY IN AN  AMOUNT  THE
COURT SHALL DEEM PROPER.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04580-01-3

2013-S985A (ACTIVE) - Details

See Assembly Version of this Bill:
A5993
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §7805, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: S7232
2015-2016: S292, A5669
2017-2018: S4456, A4455

2013-S985A (ACTIVE) - Summary

Relates to a stay of enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing.

2013-S985A (ACTIVE) - Sponsor Memo

2013-S985A (ACTIVE) - Bill Text download pdf 

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

                                 985--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the civil practice law and rules, in relation to a  stay
  of  the  enforcement of a determination involving a permit or approval
  in connection with the  development  or  construction  of  residential
  housing

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

  Section 1. Section 7805 of the civil practice law and rules is amended
to read as follows:
  S 7805. Stay. On the motion of any party or on its own initiative, the
court may stay further proceedings, or the enforcement of  any  determi-
nation  under  review, upon terms including notice, security and payment
of costs, except that the enforcement of an order or judgment granted by
the appellate division in a proceeding under this article may be  stayed
only  by order of the appellate division or the court of appeals. Unless
otherwise ordered, security given on a stay is effective in favor  of  a
person  subsequently joined as a party under section 7802.  THE COURT IN
ISSUING A STAY OF THE ENFORCEMENT OF A DETERMINATION INVOLVING A  PERMIT
OR  APPROVAL IN CONNECTION WITH THE DEVELOPMENT OR CONSTRUCTION OF RESI-
DENTIAL HOUSING MAY REQUIRE THE POSTING OF SECURITY  IN  AN  AMOUNT  THE
COURT SHALL DEEM PROPER.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04580-02-4

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