S T A T E O F N E W Y O R K
________________________________________________________________________
3409
1999-2000 Regular Sessions
I N S E N A T E
March 2, 1999
___________
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-
BLY, DO ENACT AS FOLLOWS:
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
5 APPLICABLE, OR a shorter time is provided in the law authorizing the
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
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
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
17 ITS DETERMINATION PROCEDURES, A WRITTEN DETERMINATION OR REFUSAL TO A
18 PETITIONER OR THE PERSON WHO HE OR SHE REPRESENTS IN LAW OR IN FACT, A
19 PROCEEDING BY THE PETITIONER OR THAT PERSON AGAINST SUCH BODY OR OFFICER
20 MUST BE COMMENCED WITHIN FOUR MONTHS, OR ANY SHORTER TIME PROVIDED IN
21 THE LAW, FROM THE MAILING OR DELIVERY TO SUCH PETITIONER OR PERSON OF
22 THE DETERMINATION OR REFUSAL, WITH WRITTEN NOTICE STATING THAT SUCH
23 PETITIONER OR PERSON IS ENTITLED TO SEEK REVIEW OF SUCH DETERMINATION OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD08658-01-9
S. 3409 2
1 REFUSAL, AND SETTING FORTH THE AMOUNT OF TIME PROVIDED BY LAW TO
2 COMMENCE A PROCEEDING AGAINST THE PARTICULAR BODY OR OFFICER.
3 (C) WITH LEAVE OF THE COURT, WHERE THE PETITIONER OR THE PERSON THE
4 PETITIONER REPRESENTS, AT THE TIME THE DETERMINATION TO BE REVIEWED
5 BECAME FINAL AND BINDING, OR AT THE TIME OF THE RESPONDENT`S REFUSAL TO
6 PERFORM ITS DUTY, WAS UNDER A DISABILITY SPECIFIED IN SECTION 208, A
7 PROCEEDING MAY BE BROUGHT WITHIN TWO YEARS AFTER THE TIMES OR EVENTS
8 SPECIFIED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVISION, AS APPLICABLE.
9 S 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 such date.
.SO DOC S 3409 *END* BTXT 1999
Bill S03409
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