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