STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5942
 
                               2003-2004 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 4, 2003
                                       ___________
 
        Introduced  by M. of A. P. RIVERA, J. RIVERA -- Multi-Sponsored by -- M.
          of A. A. COHEN, GOTTFRIED -- read once and referred to  the  Committee
          on Codes
 
        AN ACT to amend the civil practice law and rules, in relation to certif-
          ication of class actions in cases involving governmental operations
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 902 of the civil practice law and rules, as amended
     2  by chapter 474 of the laws of 1975, is amended to read as follows:
     3    § 902.  Order allowing class action.  Within sixty days after the time
     4  to serve a responsive pleading has expired  for  all  persons  named  as
     5  defendants  in  an action brought as a class action, the plaintiff shall
     6  move for an order to determine whether it is to be so  maintained.    An
     7  order  under  this  section  may  be  conditional, and may be altered or
     8  amended before the decision on the merits on the court's own  motion  or
     9  on  motion  of  the  parties.    The action may be maintained as a class
    10  action only if the court finds that the prerequisites under section  901
    11  have  been satisfied.   Among the matters which the court shall consider
    12  in determining whether the action may proceed as a class action are:
    13    1.  the interest of members of the class in  individually  controlling
    14  the prosecution or defense of separate actions;
    15    2.    the impracticability or inefficiency of prosecuting or defending
    16  separate actions;
    17    3.  the extent and nature of any litigation concerning the controversy
    18  already commenced by or against members of the class;
    19    4.  the desirability or undesirability of concentrating the litigation
    20  of the claim in the particular forum;
    21    5.  the difficulties likely to be encountered in the management  of  a
    22  class action.
    23    However, a court shall not deny or withhold class certification solely
    24  because the action involves governmental operations.
    25    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06987-01-3