Bill Text: NY A05901 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides that the failure of a party challenging a building permit, variance, subdivision or other land use approval to seek a preliminary injunction to prevent construction shall not give rise to the opposing party raising the defense of mootness if such party continues and/or completes construction with knowledge that an action challenging its land use approval has been timely commenced.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - referred to judiciary [A05901 Detail]
Download: New_York-2021-A05901-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ S. 5309 A. 5901 2021-2022 Regular Sessions SENATE - ASSEMBLY March 2, 2021 ___________ IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print- ed, and when printed to be committed to the Committee on Judiciary IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to certain preliminary injunctions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6311 of the civil practice law and rules is amended 2 by adding a new subdivision 3 to read as follows: 3 3. Failure of a party challenging a building permit, variance, subdi- 4 vision or other land use approval to seek a preliminary injunction to 5 prevent construction shall not give rise to the opposing party to raise 6 the defense of mootness if said party continues and/or completes 7 construction with knowledge that an action challenging its land use 8 approval has been timely commenced. 9 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05781-01-1
