NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8986
SPONSOR: Conrad TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to extend-
ing the statute of limitations for coroners, coroners' physicians or
medical examiners for article 78 proceedings
PURPOSE OR GENERAL IDEA OF BILL:
Currently, there is a narrow 4-month limit for individuals to file an
article 78 challenge to a coroner of medical examiners final determi-
nation for a cause of death. This bill would extend the statute of limi-
tation to 10 years.
SUMMARY OF PROVISIONS:
Amend section 217 subdivision 1 of the civil practice law and rules to
allow a petitioner to commence an Article 78 challenge within 10 years
after a coroner, coroner's physician, or medical examiner's report is
finalized.
JUSTIFICATION:
Extending the statute of limitations emphasize the potential for new
evidence, the importance of uncovering the true cause of death, and the
need to ensure that justice is not compromised by a rigid adherence to
an arbitrary deadline. The current narrow 4-month limit prevents peti-
tioners from bringing to light medical errors or previously unknown
contributing factors to a death. Additionally, there can easily be
advancements in forensic science or new investigative techniques that
can provide additional data that was not available at the time of the
coroner's initial determination. States like California, Delaware,
Missouri, and Connecticut have much broader or no statute of limitations
in challenging a determination for cause of death. By amending this
statute, the state allows for a thorough review of all records and
potential correction of errors, ensuring that justice is served for the
deceased and their families.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8986
2025-2026 Regular Sessions
IN ASSEMBLY
August 13, 2025
___________
Introduced by M. of A. CONRAD -- read once and referred to the Committee
on Judiciary
AN ACT to amend the civil practice law and rules, in relation to extend-
ing the statute of limitations for coroners, coroners' physicians or
medical examiners for article 78 proceedings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 217 of the civil practice law and
2 rules, as amended by chapter 467 of the laws of 1990, is amended to read
3 as follows:
4 1. Unless a shorter time is provided in the law authorizing the
5 proceeding, a proceeding against a body or officer must be commenced
6 within four months after the determination to be reviewed becomes final
7 and binding upon the petitioner or the person whom [he] such petitioner
8 represents in law or in fact, or after the respondent's refusal, upon
9 the demand of the petitioner or the person whom [he] such petitioner
10 represents, to perform its duty; or with leave of the court where the
11 petitioner or the person whom [he] such petitioner represents, at the
12 time such determination became final and binding upon [him] such peti-
13 tioner or at the time of such refusal, was under a disability specified
14 in section 208 of this article, within two years after such time, or in
15 the case of a coroner, coroner's physician or medical examiner a
16 proceeding must be commenced within ten years after such coroner,
17 coroner's physician or medical examiner's report is finalized.
18 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11791-01-5
