Bill Text: NY A01616 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Relates to the timing of proceedings against a body or an officer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-05 - enacting clause stricken [A01616 Detail]

Download: New_York-2021-A01616-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          1616

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 11, 2021
                                       ___________

        Introduced  by M. of A. PERRY -- read once and referred to the Committee
          on Judiciary

        AN ACT to amend the civil practice law and rules,  in  relation  to  the
          timing of proceedings against a body or an officer

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 1 of section 217 of the civil practice law  and
     2  rules, as amended by chapter 467 of the laws of 1990, is amended to read
     3  as follows:
     4    1.  Unless  a  shorter  time  is  provided  in the law authorizing the
     5  proceeding, a proceeding against a body or  officer  must  be  commenced
     6  within  four months after the determination to be reviewed becomes final
     7  and binding upon the petitioner or the person whom he or she  represents
     8  in  law  or  in fact, which determination shall be served upon the peti-
     9  tioner or the person whom he or she represents in law  or  in  fact,  in
    10  person  or  by  first  class  mail,  or after the respondent's actual or
    11  constructive refusal, upon the demand of the petitioner  or  the  person
    12  whom  he  or  she  represents, to perform its duty; or with leave of the
    13  court where the petitioner or the person whom he or she  represents,  at
    14  the  time such determination became final and binding upon him or her or
    15  at the time of such refusal, was under a disability specified in section
    16  208, within two years after such time. If the determination is mailed by
    17  first class mail to the petitioner or the person whom he or she  repres-
    18  ents  in  law or in fact, the statute of limitations commences five days
    19  after the determination was placed in the mail.
    20    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    21  have become a law.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04988-01-1