Bill Text: NY S07158 | 2023-2024 | General Assembly | Amended

---

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 2-0)

Status: (Introduced) 2024-06-07 - COMMITTED TO RULES [S07158 Detail]

Download: New_York-2023-S07158-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         7158--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                      May 18, 2023
                                       ___________

        Introduced  by  Sens.  HOYLMAN-SIGAL,  RAMOS  --  read twice and ordered
          printed, and when printed to be committed to the Committee on  Judici-
          ary  --  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
          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.
                                                                   LBD11330-05-3
        S. 7158--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.