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