New York S 3766: Provides a mental hygiene legal service to certain patients or residents of residential healthcare facilities

Bill Text

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S03766 Summary:

BILL NOS03766 

&nbsp

SAME ASSAME AS A06330

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §5616, CPLR

&nbsp

Authorizes renewals in certain instances by an aggrieved party to the court of appeals based on a subsequent change in law.

Go to top S03766 Actions:

BILL NOS03766 

&nbsp

01/29/2025REFERRED TO JUDICIARY

Go to topS03766 Committee&nbspVotes:

Go to topS03766 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03766 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3766

 2025-2026 Regular Sessions

 IN SENATE

 January 29, 2025
 ___________

 Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
 when printed to be committed to the Committee on Judiciary

 AN ACT to amend the civil practice law and rules, in relation to
 renewals based on a subsequent change in law

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The civil practice law and rules is amended by adding a new
 2 section 5616 to read as follows:
 3 § 5616. Renewal based on subsequent change in law. (a) Grounds for
 4 motion. When the court of appeals has decided an issue of law and 1. the
 5 action or proceeding in which the court of appeals has rendered the
 6 decision has not been finally determined in an order or judgment not
 7 subject to appellate review or remains sub judice, and 2. a subsequent
 8 enactment by the legislature of the state appears to be applicable to
 9 the action or proceeding and contrary to the decision of the court of
 10 appeals, any party aggrieved by the court of appeals' decision may file
 11 a motion to renew with that court.
 12 (b) Briefing and oral argument. Upon the filing of a motion pursuant
 13 to subdivision (a) of this section, unless the court of appeals deter-
 14 mines that there is no substantial basis for the motion, it shall grant
 15 the motion to the extent of permitting full briefing and oral argument,
 16 limited to the question of whether the court of appeals should change
 17 its decision in light of the subsequent change or clarification of the
 18 intent of the law by the legislature of the state.
 19 (c) Preservation. In ruling on a motion pursuant to subdivision (a) of
 20 this section and in rendering a decision following the briefing and oral
 21 argument under subdivision (b) of this section, the court of appeals
 22 shall consider any questions of law that were addressed by the subse-
 23 quent enactment, even if the court of appeals previously did not reach
 24 that issue because it held it to be unpreserved or it was unpreserved.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07113-01-5

 S. 3766 2

 1 (d) Time. A motion pursuant to subdivision (a) of this section shall
 2 be filed not later than ninety days after 1. the enactment that is the
 3 basis of the motion, or 2. the effective date of this section, whichever
 4 is later.
 5 § 2. This act shall take effect immediately.

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