New York S 3413: Relates to article 78 judgments regarding disability pension determinations

Bill Text

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S03413 Summary:

BILL NOS03413 

&nbsp

SAME ASSAME AS A00533

&nbsp

SPONSORJACKSON

&nbsp

COSPNSRCOMRIE

&nbsp

MLTSPNSR

&nbsp

Amd §7806, CPLR

&nbsp

Permits court ruling in favor of a petitioner appealing the denial of a disability pension determination to grant disability pension.

Go to top S03413 Actions:

BILL NOS03413 

&nbsp

01/27/2025REFERRED TO JUDICIARY

03/11/20251ST REPORT CAL.539

03/12/20252ND REPORT CAL.

03/13/2025ADVANCED TO THIRD READING 

06/12/2025PASSED SENATE

06/12/2025DELIVERED TO ASSEMBLY

06/13/2025referred to judiciary

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO JUDICIARY

04/21/20261ST REPORT CAL.748

04/22/20262ND REPORT CAL.

04/27/2026ADVANCED TO THIRD READING 

04/29/2026PASSED SENATE

04/29/2026DELIVERED TO ASSEMBLY

04/29/2026referred to judiciary

Go to topS03413 Committee&nbspVotes:

Go to topS03413 Floor&nbspVotes:

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

Go to topS03413 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3413

 2025-2026 Regular Sessions

 IN SENATE

 January 27, 2025
 ___________

 Introduced by Sen. JACKSON -- 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 judg-
 ments in favor of a petitioner in article 78 proceedings relating to
 disability pensions

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

 1 Section 1. Section 7806 of the civil practice law and rules, as
 2 amended by chapter 318 of the laws of 1962, is amended to read as
 3 follows:
 4 § 7806. Judgment. The judgment may grant the petitioner the relief to
 5 which [he] such petitioner is entitled, or may dismiss the proceeding
 6 either on the merits or with leave to renew. If the proceeding was
 7 brought to review a determination, the judgment may annul or confirm the
 8 determination in whole or in part, or modify it, and may direct or
 9 prohibit specified action by the respondent, provided, however, that
 10 when the determination being reviewed is a determination by a pension or
 11 retirement system of the state or civil division thereof denying the
 12 petitioner a disability pension, the court, upon a finding that the
 13 determination was arbitrary and capricious and not supported by substan-
 14 tial evidence, may annul the determination and grant the petitioner the
 15 requested disability pension. Any restitution or damages granted to the
 16 petitioner must be incidental to the primary relief sought by the peti-
 17 tioner, and must be such as [he] such petitioner might otherwise recover
 18 on the same set of facts in a separate action or proceeding suable in
 19 the supreme court against the same body or officer in [its or his] such
 20 body's or officer's official capacity.
 21 § 2. This act shall take effect immediately and shall apply to all
 22 appeals that have been filed but not yet adjudicated.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD02439-01-5

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