Bill Text: NY S01762 | 2017-2018 | General Assembly | Amended

New York Senate Bill 1762 (Prior Session Legislation)

Bill Title: Permits court ruling in favor of a petitioner appealing the denial of a disability pension determination to grant disability pension.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO JUDICIARY [S01762 Detail]

Download: New_York-2017-S01762-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                         1762--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 10, 2017
                                       ___________
        Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Judiciary  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT  to amend the civil practice law and rules, in relation to judg-
          ments in favor of a petitioner in article 78 proceedings  relating  to
          disability pensions
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 7806 of  the  civil  practice  law  and  rules,  as
     2  amended  by  chapter  318  of  the  laws  of 1962, is amended to read as
     3  follows:
     4    § 7806. Judgment. The judgment may grant the petitioner the relief  to
     5  which he is entitled, or may dismiss the proceeding either on the merits
     6  or with leave to renew. If the proceeding was brought to review a deter-
     7  mination,  the  judgment may annul or confirm the determination in whole
     8  or in part, or modify it, and may direct or prohibit specified action by
     9  the respondent, provided, however, that  when  the  determination  being
    10  reviewed  is  a  determination  by a pension or retirement system of the
    11  state or civil division thereof  denying  the  petitioner  a  disability
    12  pension,  the  court  may  review all questions of law and fact de novo,
    13  annul the determination and grant the petitioner the requested disabili-
    14  ty pension.  Any restitution or damages granted to the  petitioner  must
    15  be  incidental  to the primary relief sought by the petitioner, and must
    16  be such as he might otherwise recover on the same  set  of  facts  in  a
    17  separate  action  or  proceeding suable in the supreme court against the
    18  same body or officer in its or his official capacity.
    19    § 2. This act shall take effect immediately and  shall  apply  to  all
    20  appeals that have been filed but not yet adjudicated.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06476-02-7