S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3181
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee 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:
   § 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.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04569-01-7