STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3641
 
                               2003-2004 Regular Sessions
 
                    IN SENATE
 
                                     March 31, 2003
                                       ___________
 
        Introduced  by  Sens. OPPENHEIMER, ANDREWS, BROWN, CONNOR, DILAN, DUANE,
          KRUEGER, KRUGER, PARKER, SAMPSON, A. SMITH, M. SMITH, STAVISKY -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Codes
 
        AN ACT to amend the civil practice law and rules, in relation to statute
          of limitations for certain overcharges
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Section 212 of the civil practice law and rules is amended
     2  by adding a new subdivision (e) to read as follows:
     3    (e) Overcharge based on mistake or billing error. An action to recover
     4  the amount of an overcharge based upon a mistake or billing  error  made
     5  by  an  electric, gas, or telephone corporation must be commenced within
     6  ten years.
     7    § 2. This act shall take effect immediately and  shall  apply  to  all
     8  causes of action occurring on or after such date.
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06647-01-3