Bill Text: NY S07232 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to a stay of enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-02 - REFERRED TO JUDICIARY [S07232 Detail]

Download: New_York-2011-S07232-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7232
                                   I N  S E N A T E
                                      May 2, 2012
                                      ___________
       Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
         printed to be committed 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    S 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.  THE COURT IN
   11  ISSUING A STAY OF THE ENFORCEMENT OF A DETERMINATION INVOLVING A  PERMIT
   12  OR  APPROVAL IN CONNECTION WITH THE DEVELOPMENT OR CONSTRUCTION OF RESI-
   13  DENTIAL HOUSING SHALL REQUIRE THE POSTING OF SECURITY IN AN  AMOUNT  THE
   14  COURT SHALL DEEM PROPER.
   15    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15659-01-2