COMMITTEE ON CIVIL PRACTICE LAW AND RULES
REPORT NO. 4
February 19, 1997
A. 237 By: M of A Brodsky
Assembly Committee: Codes
Effective Date: Immediately
AN ACT to amend the civil practice law and rules, in relation to the commencement of a special proceeding
LAW AND SECTION REFERRED TO: CPLR 506(b)(2)
REPORT AND BILL PREPARED BY THE COMMITTEE ON CIVIL PRACTICE LAW AND RULES (#4)
THIS BILL IS DISAPPROVED
This bill would amend CPLR 506(b)(2) to provide that Article 78 proceedings against certain public officials may be brought in the judicial district in which the petitioner resides or has its principal place of business. Currently, such proceedings against officials such as the Regents of the University of the State of New York, the Commissioner of Education, the Commission of Taxation and Finance and several others, may only be brought in Supreme Court, Albany County. Because the proposed expansion of venue for proceedings against such public officers is inconsistent with the venue provision relating to other Article 78 proceedings, and because, if passed, an additional amendment deleting Section 506(b)(3) (which would become superfluous) is necessary, this bill is disapproved in its current form.
CPLR Section 506 provides for venue of special proceedings, including Article 78 proceedings. Pursuant to Section 506(b), an Article 78 proceeding may be commenced (i) in any county within the judicial district where the respondent made the determination complained of or refused to perform the duty specifically enjoined upon him by law, (ii) where the proceedings were brought or taken in the course of which the matter sought to be restrained originated, (iii) where the material events took place, or (iv) where the principal office of the respondent is located.
Exceptions to this general venue provision for Article 78 proceedings are set forth in Subsections (1), (2) and (3) of '506(b). The exception to which the proposed amendment is directed provides that proceedings against the Regents of the University of the State of New York, the Commissioner of Education, the Commissioner of Taxation and Finance, the Tax Appeals Tribunal (with an exception), the Public Service Commission, the Commissioner of the Department of Transportation relating to certain articles of the Transportation and Railroad Laws, the Water Resources Board, the Comptroller and the Department of Agriculture and Markets must be commenced in the Supreme Court, Albany County. Prior to the adoption of the CPLR, venue for proceedings against these bodies and officers was permitted in any county within the third judicial district. Section 506(b)(2) thus eliminates a petitioner's ability to bring an Article 78 proceeding where the material events took place, and effectively requires that such a proceeding be brought only where the respondent is located. (The principal office of a constitutional officer of New York must necessarily be located in Albany, even if such officer transacts substantial State business elsewhere.)
It is a salutory goal to provide easier access to justice for the populace. Permitting actions to be filed in judicial districts where a petitioner resides is consistent with this principle. The proposed amendment, however, would grant broader venue choices for proceedings against certain public officers of the State than would otherwise be available in Article 78 proceedings. This result would be ironic in light of the policy concerns implicated by broad venue choices against such public officials, which presumably led to the enactment of the current $506(b)(2).
Furthermore, if the bill was approved in current form, CPLR '506(b)(3) -- which allows proceedings against the Commissioner of Education pursuant to Education Laws '4404 to be commenced in the petitioner's county of residence notwithstanding '506(b)(2) -- would be rendered superfluous. An additional amendment deleting this subsection would be necessary.
For the forgoing reasons, this bill is DISAPPROVED.
Person Who Prepared This Report: Leonard D. Steinman, Esq.
Chair of the Committee: Paul H. Aloe, Esq