New York A 6330: Permits assessment of certain civil penalties upon wrongful denial of access to records under the freedom of information law

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
A06330 Summary:

BILL NOA06330 

&nbsp

SAME ASSAME AS S09690

&nbsp

SPONSORRomero

&nbsp

COSPNSRDinowitz, Gibbs

&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 A06330 Actions:

BILL NOA06330 

&nbsp

03/04/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA06330 Committee&nbspVotes:

Go to topA06330 Floor&nbspVotes:

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

Go to topA06330 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6330

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 4, 2025
 ___________

 Introduced by M. of A. ROMERO, DINOWITZ, GIBBS -- read once and referred
 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

 A. 6330 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.

Go to top 

• 

 Sitemap 

 Request Information 

 Directions and Maps