Assembly Bill A6299

2023-2024 Legislative Session

Relates to article 78 judgments regarding disability pension determinations

download bill text pdf

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Current 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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2023-A6299 (ACTIVE) - Details

See Senate Version of this Bill:
S6264
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §7806, CPLR

2023-A6299 (ACTIVE) - Summary

Permits court ruling in favor of a petitioner appealing the denial of a disability pension determination to grant disability pension.

2023-A6299 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6299
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation  to  judg-
   ments  in  favor of a petitioner in article 78 proceedings relating to
   disability pensions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  7806  of  the  civil  practice law and rules, as
 amended by chapter 318 of the laws  of  1962,  is  amended  to  read  as
 follows:
   §  7806. Judgment. The judgment may grant the petitioner the relief to
 which he is entitled, or may dismiss the proceeding either on the merits
 or with leave to renew. If the proceeding was brought to review a deter-
 mination, the judgment may annul or confirm the determination  in  whole
 or in part, or modify it, and may direct or prohibit specified action by
 the  respondent,  PROVIDED,  HOWEVER,  THAT WHEN THE DETERMINATION BEING
 REVIEWED IS A DETERMINATION BY A PENSION OR  RETIREMENT  SYSTEM  OF  THE
 STATE  OR  CIVIL  DIVISION  THEREOF  DENYING THE PETITIONER A DISABILITY
 PENSION, THE COURT, UPON A FINDING THAT THE DETERMINATION WAS  ARBITRARY
 AND  CAPRICIOUS AND NOT SUPPORTED BY SUBSTANTIAL EVIDENCE, MAY ANNUL THE
 DETERMINATION AND GRANT THE PETITIONER THE REQUESTED DISABILITY PENSION.
 Any restitution or damages granted to the petitioner must be  incidental
 to  the  primary relief sought by the petitioner, and must be such as he
 might otherwise recover on the same set of facts in a separate action or
 proceeding suable in the supreme court against the same body or  officer
 in its or his official capacity.
   §  2.  This  act  shall take effect immediately and shall apply to all
 appeals that have been filed but not yet adjudicated.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09948-01-3

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