Bill Text: NY A06359 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to appeals to the court of appeals based upon a constitutional question; sets criteria for a substantial constitutional question.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-03 - referred to judiciary [A06359 Detail]
Download: New_York-2023-A06359-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6359 2023-2024 Regular Sessions IN ASSEMBLY April 5, 2023 ___________ Introduced by M. of A. WEPRIN -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to appeals to the court of appeals on constitutional grounds The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (b) of section 5601 of the civil practice law 2 and rules, paragraph 1 as amended by chapter 532 of the laws of 1963, is 3 amended and two new subdivisions (b-1) and (b-2) are added to read as 4 follows: 5 (b) Constitutional grounds. An appeal may be taken to the court of 6 appeals as of right: 7 1. from an order of the appellate division which finally determines an 8 action where there is directly involved a substantial question relating 9 to the construction of the constitution of the state or of the United 10 States; and 11 2. from a judgment of a court of record of original instance which 12 finally determines an action where the only [question] issue involved on 13 the appeal is a substantial question relating to the validity of a stat- 14 utory provision of the state or of the United States under the constitu- 15 tion of the state or of the United States. 16 (b-1) Substantial constitution question. A substantial question raised 17 under subdivision (b) of this section is one calling for the 18 construction or application of: 19 1. a provision of the United States constitution that has not been 20 conclusively reviewed by the United States supreme court, or that has 21 been conclusively reviewed by the United States supreme court, but the 22 factual circumstances in the appeal are sufficiently unique and differ- 23 ent from the federal courts' application of the constitutional 24 provision; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10426-01-3A. 6359 2 1 2. a provision of the state constitution that has not been conclusive- 2 ly reviewed by the court of appeals; or 3 3. a provision of the state constitution that has been conclusively 4 reviewed by the court of appeals, but: 5 (i) the factual circumstances in the appeal are sufficiently unique 6 from the case or cases determined under that provision by the court of 7 appeals; or 8 (ii) there is only one decision reviewing that provision and a 9 dissenting opinion was filed and the appealing party contends that the 10 prior decision should be reconsidered. 11 (b-2) Res judicata and collateral estoppel effect of a dismissal for 12 failure to raise a substantial constitutional question. An appeal as of 13 right dismissed for failure to raise a substantial constitutional ques- 14 tion shall not be deemed an adjudication on the merits of the constitu- 15 tional question raised on appeal in the same or any other action or 16 court. 17 § 2. Subdivision 1 of section 5515 of the civil practice law and 18 rules, as amended by chapter 491 of the laws of 1975, is amended to read 19 as follows: 20 1. An appeal shall be taken by serving on the adverse party a notice 21 of appeal and filing it in the office where the judgment or order of the 22 court of original instance is entered except that where an order grant- 23 ing permission to appeal is made, the appeal is taken when such order is 24 entered. A notice shall designate the party taking the appeal, the judg- 25 ment or order or specific part of the judgment or order appealed from 26 and the court to which the appeal is taken. Whenever an appeal as of 27 right is taken to the court of appeals pursuant to subdivision (b) of 28 section five thousand six hundred one of this chapter, the notice of 29 appeal shall also specify which ground or grounds listed in paragraph 30 three of such subdivision apply to the appeal, and contain a brief argu- 31 ment as to the application of said ground or grounds. 32 § 3. Subdivision (a) of rule 5522 of the civil practice law and rules, 33 as amended by chapter 682 of the laws of 1986, is amended to read as 34 follows: 35 (a) A court to which an appeal is taken may reverse, affirm, or modi- 36 fy, wholly or in part, any judgment, or order before it, as to any 37 party. The court shall render a final determination or, where necessary 38 or proper, remit to another court for further proceedings. A court 39 reversing or modifying a judgment or order without opinion shall briefly 40 state the grounds of its decision. Whenever the court of appeals 41 dismisses an appeal as of right taken pursuant to subdivision (b) of 42 section five thousand six hundred one of this chapter for failure to 43 raise a substantial constitutional question, the court shall briefly 44 explain the grounds of its finding. 45 § 4. This act shall take effect immediately and shall apply to all 46 actions pending or commenced on and after such effective date.
