Bill Text: NY A05669 | 2015-2016 | General Assembly | Introduced

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Bill Title: Relates to a stay of enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2016-01-06 - referred to judiciary [A05669 Detail]

Download: New_York-2015-A05669-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5669
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 3, 2015
                                      ___________
       Introduced by M. of A. LAVINE -- read once and referred to the Committee
         on Judiciary
       AN  ACT to amend the civil practice law and rules, in relation to a stay
         of the enforcement of a determination involving a permit  or  approval
         in  connection  with  the  development  or construction of residential
         housing
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 7805 of the civil practice law and rules is amended
    2  to read as follows:
    3    S 7805. Stay. On the motion of any party or on its own initiative, the
    4  court  may  stay further proceedings, or the enforcement of any determi-
    5  nation under review, upon terms including notice, security  and  payment
    6  of costs, except that the enforcement of an order or judgment granted by
    7  the  appellate division in a proceeding under this article may be stayed
    8  only by order of the appellate division or the court of appeals.  Unless
    9  otherwise  ordered,  security given on a stay is effective in favor of a
   10  person subsequently joined  as  a  party  under  section  7802  OF  THIS
   11  ARTICLE.    THE COURT IN ISSUING A STAY OF THE ENFORCEMENT OF A DETERMI-
   12  NATION INVOLVING A PERMIT OR APPROVAL IN CONNECTION WITH THE DEVELOPMENT
   13  OR CONSTRUCTION OF RESIDENTIAL HOUSING MAY REQUIRE THE POSTING OF  SECU-
   14  RITY IN AN AMOUNT THE COURT SHALL DEEM PROPER.
   15    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02154-02-5