S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10849
 
                           I N  A S S E M B L Y
 
                               July 24, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Hyndman) --
   read once and referred to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to  creat-
   ing the anti-SLAPP act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act shall be known and may be cited as the "anti-SLAPP
 act".
   § 2. Subdivisions (c) and (g) of rule 3211 of the civil  practice  law
 and  rules,  subdivision  (c) as amended by judicial conference proposal
 number 4 for the year 1973, subdivision (g) as added by chapter  767  of
 the laws of 1992, are amended to read as follows:
   (c)  Evidence  permitted;  immediate  trial; motion treated as one for
 summary judgment. Upon the hearing of a motion  made  under  subdivision
 (a)  [or],  (b)  OR (G), either party may submit any evidence that could
 properly be considered on a motion for summary judgment. Whether or  not
 issue  has been joined, the court, after adequate notice to the parties,
 may treat the motion as a motion for summary judgment.  The  court  may,
 when  appropriate  for  the  expeditious disposition of the controversy,
 order immediate trial of the issues raised on the motion.
   (g) Standards for motions to dismiss in certain cases involving public
 petition and participation. A motion to dismiss based on paragraph seven
 of subdivision (a) of this section, in which the moving party has demon-
 strated that the action, claim, cross claim or counterclaim  subject  to
 the  motion  is an action involving public petition and participation as
 defined in paragraph (a) of subdivision one of section seventy-six-a  of
 the  civil  rights  law, shall be granted unless the party responding to
 the motion demonstrates that the cause of action has a substantial basis
 in law or is supported by  a  substantial  argument  for  an  extension,
 modification  or reversal of existing law.  DISCOVERY SHALL BE SUSPENDED
 PENDING A DECISION ON THE MOTION. The court shall  grant  preference  in
 the hearing of such motion AND SHALL SET SUCH HEARING DATE NO LATER THAN
 SIXTY  DAYS  AFTER  THE  DATE OF SERVICE OF THE MOTION UNLESS THE DOCKET
 CONDITION OF THE COURT REQUIRES A LATER HEARING, BUT IN NO  EVENT  SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD10707-01-9

 A. 10849                            2
 
 THE  HEARING OCCUR MORE THAN NINETY DAYS AFTER SERVICE OF THE MOTION. IF
 A MOTION TO DISMISS IS GRANTED THE COURT SHALL PROVIDE FOR  THE  IMPOSI-
 TION  OF  COSTS  OR  OTHER SANCTIONS, INCLUDING IMPOSITION OF REASONABLE
 ATTORNEY'S FEES.
   § 3. This act shall take effect immediately.