S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6330
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 4, 2025
                                ___________
 
 Introduced by M. of A. ROMERO, DINOWITZ, GIBBS -- read once and referred
   to the Committee on Judiciary
 
 AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
   renewals based on a subsequent change in law
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The civil practice law and rules is amended by adding a new
 section 5616 to read as follows:
   §  5616.  RENEWAL  BASED  ON SUBSEQUENT CHANGE IN LAW. (A) GROUNDS FOR
 MOTION. WHEN THE COURT OF APPEALS HAS DECIDED AN ISSUE OF LAW AND 1. THE
 ACTION OR PROCEEDING IN WHICH THE COURT  OF  APPEALS  HAS  RENDERED  THE
 DECISION  HAS  NOT  BEEN  FINALLY DETERMINED IN AN ORDER OR JUDGMENT NOT
 SUBJECT TO APPELLATE REVIEW OR REMAINS SUB JUDICE, AND 2.  A  SUBSEQUENT
 ENACTMENT  BY  THE  LEGISLATURE OF THE STATE APPEARS TO BE APPLICABLE TO
 THE ACTION OR PROCEEDING AND CONTRARY TO THE DECISION OF  THE  COURT  OF
 APPEALS,  ANY PARTY AGGRIEVED BY THE COURT OF APPEALS' DECISION MAY FILE
 A MOTION TO RENEW WITH THAT COURT.
   (B) BRIEFING AND ORAL ARGUMENT. UPON THE FILING OF A  MOTION  PURSUANT
 TO  SUBDIVISION  (A) OF THIS SECTION, UNLESS THE COURT OF APPEALS DETER-
 MINES THAT THERE IS NO SUBSTANTIAL BASIS FOR THE MOTION, IT SHALL  GRANT
 THE  MOTION TO THE EXTENT OF PERMITTING FULL BRIEFING AND ORAL ARGUMENT,
 LIMITED TO THE QUESTION OF WHETHER THE COURT OF  APPEALS  SHOULD  CHANGE
 ITS  DECISION IN LIGHT OF THE SUBSEQUENT CHANGE OR  CLARIFICATION OF THE
 INTENT OF THE LAW BY THE LEGISLATURE OF THE STATE.
   (C) PRESERVATION. IN RULING ON A MOTION PURSUANT TO SUBDIVISION (A) OF
 THIS SECTION AND IN RENDERING A DECISION FOLLOWING THE BRIEFING AND ORAL
 ARGUMENT UNDER SUBDIVISION (B) OF THIS SECTION,  THE  COURT  OF  APPEALS
 SHALL  CONSIDER  ANY  QUESTIONS OF LAW THAT WERE ADDRESSED BY THE SUBSE-
 QUENT ENACTMENT, EVEN IF THE COURT OF APPEALS PREVIOUSLY DID  NOT  REACH
 THAT ISSUE BECAUSE IT HELD IT TO BE UNPRESERVED OR IT WAS UNPRESERVED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07113-01-5
 A. 6330                             2
              

 
   (D)  TIME.  A MOTION PURSUANT TO SUBDIVISION (A) OF THIS SECTION SHALL
 BE FILED NOT LATER THAN NINETY DAYS AFTER 1. THE ENACTMENT THAT  IS  THE
 BASIS OF THE MOTION, OR 2. THE EFFECTIVE DATE OF THIS SECTION, WHICHEVER
 IS LATER.
   § 2. This act shall take effect immediately.