New York S 4859: Relates to establishing a twenty-five year retirement plan for firefighters employed by the division of military and naval affairs

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S04859 Summary:

BILL NOS04859A

&nbsp

SAME ASSAME AS A07650

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Amd §§44, 45 & 47, Judy L

&nbsp

Relates to complaints regarding judges and confidentiality of records; extends the jurisdiction of the state commission on judicial conduct as to judges who resign or retire while under investigation or formal charges.

Go to top S04859 Actions:

BILL NOS04859A

&nbsp

02/13/2025REFERRED TO JUDICIARY

02/25/2025REPORTED AND COMMITTED TO FINANCE

04/29/20251ST REPORT CAL.761

04/30/20252ND REPORT CAL.

05/01/2025ADVANCED TO THIRD READING 

05/05/2025AMENDED ON THIRD READING (T) 4859A

06/10/2025PASSED SENATE

06/10/2025DELIVERED TO ASSEMBLY

06/10/2025referred to judiciary

Go to topS04859 Committee&nbspVotes:

Go to topS04859 Floor&nbspVotes:

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

Go to topS04859 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4859--A
 Cal. No. 761

 2025-2026 Regular Sessions

 IN SENATE

 February 13, 2025
 ___________

 Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
 when printed to be committed to the Committee on Judiciary -- reported
 favorably from said committee and committed to the Committee on
 Finance -- reported favorably from said committee, ordered to first
 and second report, ordered to a third reading, amended and ordered
 reprinted, retaining its place in the order of third reading

 AN ACT to amend the judiciary law, in relation to complaints regarding
 judges; and to extending the jurisdiction of the state commission on
 judicial conduct as to judges who resign or retire while under inves-
 tigation or formal charges

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

 1 Section 1. Subdivision 4 of section 44 of the judiciary law, as added
 2 by chapter 156 of the laws of 1978, is amended to read as follows:
 3 4. If in the course of an investigation, the commission determines
 4 that a hearing is warranted it shall direct that a formal written
 5 complaint signed and verified by the administrator be drawn and served
 6 upon the judge involved, either personally or by certified mail, return
 7 receipt requested. The judge shall file a written answer to the [the]
 8 formal written complaint with the commission within twenty days of such
 9 service. The formal written complaint and answer, and the record of
 10 proceedings thereafter, including the hearing and any proceedings before
 11 the commission, shall be public. If, upon receipt of the answer, or upon
 12 expiration of the time to answer, the commission shall direct that a
 13 hearing be held with respect to the formal written complaint, the judge
 14 involved shall be notified in writing of the date of the hearing either
 15 personally, at least twenty days prior thereto, or by certified mail,
 16 return receipt requested, at least twenty-two days prior thereto. Upon
 17 the written request of the judge, the commission shall, at least five
 18 days prior to the hearing or any adjourned date thereof, make available
 19 to the judge without cost copies of all documents which the commission

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07982-03-5

 S. 4859--A 2

 1 intends to present at such hearing and any written statements made by
 2 witnesses who will be called to give testimony by the commission. The
 3 commission shall, in any case, make available to the judge at least five
 4 days prior to the hearing or any adjourned date thereof any exculpatory
 5 evidentiary data and material relevant to the formal written complaint.
 6 The failure of the commission to timely furnish any documents, state-
 7 ments and/or exculpatory evidentiary data and material provided for
 8 herein shall not affect the validity of any proceedings before the
 9 commission provided that such failure is not substantially prejudicial
 10 to the judge. The complainant may be notified of the hearing and unless
 11 [he] the complainant shall be subpoenaed as a witness by the judge,
 12 [his] the complainant's presence thereat shall be within the discretion
 13 of the commi