CPLR Committe Reports

Last update 05/07/09

The NYSBA's Committee on Civil Practice Law and Rules tracks significant CPLR bills introduced in the legislature. The Committee issues legislative reports with respect to many of these bills and these are set forth below.  


2007-2008 Committee Reports

 

CPLR Committee Report #1 (5/16/07) - S.4532/A.8187 - Amendment to CPLR 506(b)(1), concerning special proceedings against judges.  CPLR 506(b) provides that, with certain delineated exceptions, “a special proceeding

against a justice of the Supreme Court or a judge of a County Court or the Court of General Sessions shall be commenced in the Appellate Division in the Judicial Department where the action, in the course of which the matter sought to be enforced or restrained originated, is triable...” The Sponsor's Memo states that the purpose of this bill is to broaden the exception under CPLR 506(b)(1) to encompass judges of the Court of Claims, Family Court and Surrogates Court, and to strike the obsolete reference to the Court of General Sessions.  The Committee supported the legislation.

 

CPLR Committee Report #2 (5/17/07). S.4245/A.8188 - Amendment to CPLR 2302(b), in relation to issuance of a subpoena to compel the attendance of an incarcerated person in certain cases. A Supreme Court Justice has the authority to direct this, pursuant to a writ of habeas corpus under CPLR 7002, and the statute has been amended, most recently in 2004, to provide that courts with more limited jurisdiction have this power as well. The proposed amendment would add New York City Civil Court judges to the present statute, which now includes Surrogates’ Court, the Court of Claims, and Family Court. The Committee supported the legislation.  Chapter 136 of the Laws of 2007.

CPLR Committee Report #4 (6/7/07) S.4149-A/A.8066-A - Amendment to CPLR 3101(d)(1). This bill would first delete that part of Section 3101(d)(1) permitting a party to withhold the medical expert’s name from disclosure (not a prohibition from providing it, as the bill’s Memorandum suggests). The purpose for this 1985 exception was to enable plaintiff’s counsel to withhold identification of his or her expert to reduce the possibility that the physician chosen would be influenced against testifying by her peers.  The Committee supported this legislation in part.

CPLR Committee Report #5A (6/19/07) S.3166-D/A.8647-A - The bill would add a new subsection (h) to CPLR 5222, governing restraining notices, providing that “[a] restraining notice issued pursuant to this section which has been made an order by endorsement of the court with jurisdiction to enforce the underlying judgment will be a restraining order and, upon delivery to the sheriff or other enforcement officer, will be entitled to priority as set forth in sections [5234 and 6226] as though it were an execution or order of attachment. The Committee opposed this legislation. See revised bill and committee report below.  Veto No. 6 of 2008. 

CPLR Committee Report #7   (6/18/07) S06306/A.8363  - This bill would amend CPLR 3001, which authorizes declaratory judgment actions, to permit a declaratory judgment action against an insurer by someone who has interposed a claim against that insurer’s insured. The Committee supported the legislation.  The bills passed both houses, but the legislation was vetoed by the Governor: Veto No. 98 of 2007.  In response to the Governor's veto, revised legislation was offered: S8610/A11541 and became law: Chapter 388 of the Laws of 2008 (effective 1/18/09).

CPLR Committee Report #8   (10/29/07) S.3166-E/A08647-C - The bill would add a new subsection (b) to CPLR 6201, governing attachments, entitled “post-judgment attachment.” The new subsection would provide that “A postjudgment order of attachment may be granted upon a showing by the judgment creditor that a reasonable basis exists for delaying the issuance of an execution with respect to specific identifiable property of, or debt owed to, the judgment debtor. The Committee opposed this legislation.

CPLR Committee Report #8A (4/1/08) S.3166-F/A.8647-C - The bill would add a new subsection (b) to CPLR 6201, governing attachments, entitled “post-judgment attachment.” The new subsection would provide that “A post judgment order of attachment may be granted upon a showing by the judgment creditor that a reasonable basis exists for delaying the issuance of an execution with respect to specific identifiable property of, or debt owed to, the judgment debtor.  The Committee opposed this legislation. Veto No. 6 of 2008. 

CPLR Committee Report #11 (1/9/08)  S.4215 - Amendment to CPLR 2106.  The proposed bill would replace the use of an affidavit for all purposes in a civil action by the use of an affirmation. The proposal provided is being modeled upon the federal declaration procedure (see 28 USCA 1746).  The Committee supported the legislation.

CPLR Committee Report #12 (3/17/08) S.6676 - Amendment to CPLR 4508-a.  This bill would establish a privilege for communications between a person who received specialized training in providing “critical incident stress management/crisis response” services as part of a response team, and the recipient of such services. The Committee opposed this legislation.

CPLR Committee Report #13 (3/12/08) - S.3564/A.7371 - Amendment to CPLR 5241. This proposal would change the procedure pursuant to which a “mistake of fact” in an income execution for support enforcement may be sought to be corrected in Supreme Court. The Committee supported the legislation.

CPLR Committee Report #14 (5/23/08) - S.8139/A.10617 - Amendment of Section 5-1705 of the General Obligations Law. This bill improves the procedure by which court approval is granted for transfer of the annuity contracts used to fund structured settlements. The Committee supported the legislation.

CPLR Committee Report #15 (3/12/08) - S.4213/A.8508 - Amendment to CPLR 306-b. This bill amends CPLR 306-b to measure the time within which to serve the summons and complaint (or third party summons and complaint, or petition with notice of petition or order to show cause) from the date of commencement of the action or proceeding, rather than the date of filing. The Committee supported the legislation.

CPLR Committee Report #18 (7/1/08) S.2677/ A.750.  Amendment to CPLR 205 and 3216.  This bill seeks to amend subdivision (a) of CPLR 205 to require a judge making a dismissal for failure to prosecute to set forth fully on the record the specific conduct constituting the neglect for which dismissal is granted. The bill also requires that the conduct meriting dismissal must demonstrate a general pattern of delay in proceeding with the litigation. These requirements apply whether the dismissal is made pursuant to CPLR 3216 “or otherwise.”  The Committee opposed this legislation.  Chapter 156 of Laws of 2008.

 

 

 

Return to NYSBA Home Page

Return to CPLR Home Page