S T A T E   O F   N E W   Y O R K
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                                      3615
                           1997-1998 Regular Sessions
                                I N  S E N A T E
                                 March 17, 1997
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    Introduced by Sen. VOLKER -- (at request of the Judiciary) -- 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 a writ-
      ten  notice  of  the  commencement  of  the period of limitations in a
      proceeding against a body or officer
      The People of the State of New York, represented in Senate and  Assem-
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    bly, do enact as follows:
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 1    Section  1. Subdivision 1 of section 217 of the civil practice law and
 2  rules, as amended by chapter 467 of the laws of 1990, is amended to read
 3  as follows:
 4    1.  [Unless] (a) Except where paragraph (b)  of  this  subdivision  is
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 5  applicable,  or  a  shorter  time is provided in the law authorizing the
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 6  proceeding, a proceeding against a body or  officer  must  be  commenced
 7  within  four months after the determination to be reviewed becomes final
 8  and binding upon the petitioner or the person whom [he]  the  petitioner
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 9  represents  in  law  or in fact, or after the respondent's refusal, upon
10  the demand of the petitioner or the  person  whom  [he]  the  petitioner
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11  represents,  to  perform its duty[; or with leave of the court where the
12  petitioner or the person whom he represents, at the time  such  determi-
13  nation became final and binding upon him or at the time of such refusal,
14  was  under a disability specified in section 208, within two years after
15  such time].
16    (b) Whenever a body or officer mails or delivers, in  accordance  with
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17  its  determination  procedures,  a written determination or refusal to a
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18  petitioner or the person whom he or she represents in law or in fact,  a
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19  proceeding by the petitioner or that person against such body or officer
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20  must  be  commenced  within four months, or any shorter time provided by
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21  law, from the mailing or delivery to such petitioner or  person  of  the
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22  determination  or  refusal,  with written notice stating that such peti-
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23  tioner or person is entitled to seek review  of  such  determination  or
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     EXPLANATION--Matter in italics (underscored) is new; matter in brackets
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                          [ ] is old law to be omitted.
                                                               LBD09373-01-7
    S. 3615                             2
 1  refusal and setting forth the amount of time provided by law to commence
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 2  a proceeding against the particular body or officer.
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 3    (c)  With  leave  of the court, where the petitioner or the person the
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 4  petitioner represents, at the time  the  determination  to  be  reviewed
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 5  became  final and binding, or at the time of the respondent's refusal to
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 6  perform its duty, was under a disability specified  in  section  208,  a
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 7  proceeding  may  be  brought  within two years after the times or events
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 8  specified in paragraph (a) or (b) of this subdivision, as applicable.
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 9     2. This act shall take effect on  the  first  day  of  January  next
10  succeeding the date on which it shall have become a law, and shall apply
11  only to determinations made on or after that date.