Bill Text: NY A06177 | 2013-2014 | General Assembly | Introduced
Bill Title: Extends the period of time within which a proceeding against a body or officer pursuant to article 78 of the civil practice law and rules must be appealed to 2 years.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A06177 Detail]
Download: New_York-2013-A06177-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6177 2013-2014 Regular Sessions I N A S S E M B L Y March 15, 2013 ___________ Introduced by M. of A. CUSICK -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to appeals of proceedings against a body or officer THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivisions (a) and (b) of section 5513 of the civil prac- 2 tice law and rules, as amended by chapter 214 of the laws of 1996, are 3 amended to read as follows: 4 (a) Time to take appeal as of right. An appeal as of right must be 5 taken within thirty days after service by a party upon the appellant of 6 a copy of the judgment or order appealed from and written notice of its 7 entry, except that when the appellant has served a copy of the judgment 8 or order and written notice of its entry, the appeal must be taken with- 9 in thirty days thereof; PROVIDED, HOWEVER, THAT, AN APPEAL AS OF RIGHT 10 OF A PROCEEDING CONDUCTED PURSUANT TO ARTICLE SEVENTY-EIGHT OF THIS 11 CHAPTER MUST BE TAKEN WITHIN TWO YEARS AFTER SERVICE BY A PARTY UPON THE 12 APPELLANT OF A COPY OF THE JUDGMENT OR ORDER APPEALED FROM AND WRITTEN 13 NOTICE OF ITS ENTRY, EXCEPT THAT WHEN THE APPELLANT HAS SERVED A COPY OF 14 THE JUDGMENT OR ORDER AND WRITTEN NOTICE OF ITS ENTRY, THE APPEAL MUST 15 BE TAKEN WITHIN TWO YEARS THEREOF. 16 (b) Time to move for permission to appeal. The time within which a 17 motion for permission to appeal must be made shall be computed from the 18 date of service by a party upon the party seeking permission of a copy 19 of the judgment or order to be appealed from and written notice of its 20 entry, or, where permission has already been denied by order of the 21 court whose determination is sought to be reviewed, of a copy of such 22 order and written notice of its entry, except that when such party seek- 23 ing permission to appeal has served a copy of such judgment or order and 24 written notice of its entry, the time shall be computed from the date of 25 such service. A motion for permission to appeal must be made within EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05455-01-3 A. 6177 2 1 thirty days; PROVIDED, HOWEVER, THAT IN THE CASE OF AN APPEAL OF A 2 PROCEEDING CONDUCTED PURSUANT TO ARTICLE SEVENTY-EIGHT OF THIS CHAPTER, 3 SUCH MOTION MUST BE MADE WITHIN TWO YEARS. 4 S 2. This act shall take effect immediately and shall apply to 5 proceedings commenced pursuant to article 78 of the civil practice law 6 and rules on or after such effective date.