Bill Text: NY A06866 | 2023-2024 | General Assembly | Introduced

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Bill Title: Provides that the court shall confirm an award in a public sector arbitration proceeding upon application of a party made within one year after delivery to the party, unless an application to vacate or modify the award upon certain grounds is made.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-06-05 - substituted by s6491 [A06866 Detail]

Download: New_York-2023-A06866-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6866

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        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 court
          confirmation of arbitration awards for public sector arbitrations

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 7510 of the civil practice law and rules is amended
     2  to read as follows:
     3    §  7510.  Confirmation of award. The court shall confirm an award upon
     4  application of a party made within one year after its delivery to  [him]
     5  them, unless the award is vacated or modified upon a ground specified in
     6  section [7511] seventy-five hundred eleven of this article.
     7    §  2.  The  civil  practice  law  and rules is amended by adding a new
     8  section 7510-a to read as follows:
     9    § 7510-a. Confirmation of award for public sector arbitrations.    (a)
    10  The court shall confirm an award in a public sector arbitration proceed-
    11  ing  upon application of a party made within one year after its delivery
    12  to the party, unless an application to vacate or modify the award upon a
    13  ground specified in section seventy-five hundred eleven of this  article
    14  is  made within ninety days after the delivery of the award to the party
    15  seeking to modify or vacate.
    16    (b) This section shall  only  apply  to  awards  from  an  arbitration
    17  between a public employer and an employee of the public employer.
    18    (c)  For the purposes of this section, "public employer" means (i) the
    19  state of New York, (ii) a county, city, town, village or any other poli-
    20  tical subdivision or  civil  division  of  the  state,  (iii)  a  school
    21  district  or  any governmental entity operating a public school, college
    22  or university, (iv) a public improvement  or  special  district,  (v)  a
    23  public  authority,  commission,  or public benefit corporation, (vi) any
    24  other public corporation, agency or instrumentality or unit  of  govern-
    25  ment which exercises governmental powers under the laws of the state, or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10647-01-3
        A. 6866                             2

     1  (vii)  in  the case of a county sheriff's office in those counties where
     2  the office of sheriff is an elected position, both the  county  and  the
     3  sheriff, shall be designated as a joint public employer for all purposes
     4  of this article.
     5    § 3. This act shall take effect immediately.