Senate Bill S4456A

2017-2018 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

2017-S4456 - Details

See Assembly Version of this Bill:
A10982
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
2013-2014: S985
2015-2016: S292

2017-S4456 - 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.

2017-S4456 - Sponsor Memo

2017-S4456 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4456
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2017
                                ___________
 
 Introduced  by Sen. PHILLIPS -- 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:
   § 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 OF THIS
 ARTICLE.  THE COURT IN ISSUING A STAY OF THE ENFORCEMENT OF  A  DETERMI-
 NATION INVOLVING A PERMIT OR APPROVAL IN CONNECTION WITH THE DEVELOPMENT
 OR  CONSTRUCTION OF RESIDENTIAL HOUSING MAY REQUIRE THE POSTING OF SECU-
 RITY IN AN AMOUNT THE COURT SHALL DEEM PROPER.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07884-01-7

2017-S4456A (ACTIVE) - Details

See Assembly Version of this Bill:
A10982
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
2013-2014: S985
2015-2016: S292

2017-S4456A (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.

2017-S4456A (ACTIVE) - Sponsor Memo

2017-S4456A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4456--A
     Cal. No. 627
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 15, 2017
                                ___________
 
 Introduced  by Sen. PHILLIPS -- read twice and ordered printed, and when
   printed to be committed to the  Committee  on  Judiciary  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading

 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:
   § 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  OF  THIS
 ARTICLE.    THE COURT IN ISSUING A STAY OF THE ENFORCEMENT OF A DETERMI-
 NATION INVOLVING A PERMIT OR APPROVAL IN CONNECTION WITH THE DEVELOPMENT
 OR CONSTRUCTION OF RESIDENTIAL HOUSING MAY, UPON THE FILING OF  A  PETI-
 TION  BY  THE  RESPONDENT,  REQUIRE  THE  POSTING OF SECURITY BOND IN AN
 AMOUNT THE COURT SHALL DEEM PROPER.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07884-04-7

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