New York A 533: Establishes an elderly dental insurance coverage program; appropriation

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A00533 Summary:

BILL NOA00533 

&nbsp

SAME ASSAME AS S03413

&nbsp

SPONSORPheffer Amato

&nbsp

COSPNSRReyes

&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 A00533 Actions:

BILL NOA00533 

&nbsp

01/08/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA00533 Committee&nbspVotes:

Go to topA00533 Floor&nbspVotes:

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

Go to topA00533 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 533

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. PHEFFER AMATO -- read once and referred 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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