Bill Text: NY A07464 | 2023-2024 | General Assembly | Amended

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Bill Title: Authorizes renewals in certain instances by an aggrieved party to the court of appeals based on a subsequent change in law.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed) 2024-03-21 - REFERRED TO JUDICIARY [A07464 Detail]

Download: New_York-2023-A07464-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7464--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 23, 2023
                                       ___________

        Introduced  by  M.  of  A.  WEINSTEIN,  DINOWITZ, GIBBS -- read once and
          referred to the Committee on Judiciary -- reported and referred to the
          Committee on  Rules  --  Rules  Committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to the Committee on Rules

        AN  ACT  to  amend  the  civil  practice  law  and rules, in relation to
          renewals based on a subsequent change in law

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

     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 5616 to read as follows:
     3    §  5616.  Renewal  based  on subsequent change in law. (a) Grounds for
     4  motion. When the court of appeals has decided an issue of law and 1. the
     5  action or proceeding in which the court  of  appeals  has  rendered  the
     6  decision  has  not  been  finally determined in an order or judgment not
     7  subject to appellate review or remains sub judice, and 2.  a  subsequent
     8  enactment  by  the  legislature of the state appears to be applicable to
     9  the action or proceeding and contrary to the decision of  the  court  of
    10  appeals,  any party aggrieved by the court of appeals' decision may file
    11  a motion to renew with that court.
    12    (b) Briefing and oral argument. Upon the filing of a  motion  pursuant
    13  to  subdivision  (a) of this section, unless the court of appeals deter-
    14  mines that there is no substantial basis for the motion, it shall  grant
    15  the  motion to the extent of permitting full briefing and oral argument,
    16  limited to the question of whether the court of  appeals  should  change
    17  its  decision in light of the subsequent change or  clarification of the
    18  intent of the law by the legislature of the state.
    19    (c) Preservation. In ruling on a motion pursuant to subdivision (a) of
    20  this section and in rendering a decision following the briefing and oral
    21  argument under subdivision (b) of this section,  the  court  of  appeals
    22  shall  consider  any  questions of law that were addressed by the subse-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11330-04-3
        A. 7464--A                          2

     1  quent enactment, even if the court of appeals previously did  not  reach
     2  that issue because it held it to be unpreserved or it was unpreserved.
     3    (d)  Time.  A motion pursuant to subdivision (a) of this section shall
     4  be filed not later than ninety days after 1. the enactment that  is  the
     5  basis of the motion, or 2. the effective date of this section, whichever
     6  is later.
     7    § 2. This act shall take effect immediately.