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