Bill Text: NY A07956 | 2017-2018 | General Assembly | Introduced

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Bill Title: Authorizes the court to require bond when a determination involving a permit or approval is stayed in connection with the development or construction of residential housing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-12 - enacting clause stricken [A07956 Detail]

Download: New_York-2017-A07956-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7956
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      May 23, 2017
                                       ___________
        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 a stay
          of the enforcement of a determination involving a permit  or  approval
          in  connection  with  the  development  or construction of residential
          housing
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Section 7805 of the civil practice law and rules is amended
     2  to read as follows:
     3    § 7805. Stay. On the motion of any party or on its own initiative, the
     4  court  may  stay further proceedings, or the enforcement of any determi-
     5  nation under review, upon terms including notice, security  and  payment
     6  of costs, except that the enforcement of an order or judgment granted by
     7  the  appellate division in a proceeding under this article may be stayed
     8  only by order of the appellate division or the court of appeals.  Unless
     9  otherwise  ordered,  security given on a stay is effective in favor of a
    10  person subsequently joined  as  a  party  under  section  7802  of  this
    11  article.    The court in issuing a stay of the enforcement of a determi-
    12  nation involving a permit or approval in connection with the development
    13  or construction of residential housing may, upon the filing of  a  peti-
    14  tion  by  the  respondent,  require  the  posting of security bond in an
    15  amount the court shall deem proper.
    16    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11581-01-7