Bill Text: NY A04124 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 4124 (Prior Session Legislation)

Introduced

Bill Title: Relates to the commencement of special proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A04124 Detail]

Download: New_York-2011-A04124-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4124
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2011
                                      ___________
       Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
         Committee on Codes
       AN ACT to amend the  civil  practice  law  and  rules,  in  relation  to
         commencement of a special proceeding
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph 1 of subdivision (b) of section 506 of the  civil
    2  practice law and rules is amended to read as follows:
    3    1.  a  proceeding against a justice of the supreme court [or], a judge
    4  of a county court, A JUDGE OF A FAMILY COURT, A JUDGE OF  THE  COURT  OF
    5  CLAIMS or [the court of general sessions] A JUDGE OF A SURROGATE'S COURT
    6  shall  be commenced in the appellate division in the judicial department
    7  where the action, in the  course  of  which  the  matter  sought  to  be
    8  enforced  or  restrained  originated,  is  triable, unless a term of the
    9  appellate division in that department is not in session, in  which  case
   10  the  proceeding may be commenced in the appellate division in an adjoin-
   11  ing judicial department; and
   12    S 2. This act shall take effect immediately and  shall  apply  to  all
   13  proceedings commenced on or after such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08422-01-1