TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to
SUMMARY OF PROVISIONS:
Section one of this bill amends section 506 of the civil practice law
and rules by adding a new subdivision 5 which would allow an inmate
filing an article 78 petition challenging a denial of release by the
board of parole to be able to file such petition in the county of his
or her conviction, in addition to the county of incarceration and
Section two is the effective date.
Counties have often complained that their courts are burdened by
applications from inmates for poor person status followed by petitions
for appeals from administrative determinations, parole denials,
marriage applications, divorce applications, frivolous lawsuits and
other such matters generated by inmates housed in counties with
prisons. Counties such as Clinton, Franklin, Chemung, Essex,
Washington, Wyoming, Livingston and others send very few citizens to
prison but bear the disproportionate impact of inmate litigation
because the prisons are located in these counties.
This bill would alleviate this burden by allowing an inmate who files
an article 78 appealing an article 78 challenging a parole board
decision to deny release to file such petition in the county of
conviction. There are approximately 4000 such appeals by inmates each
year, half of whom come from the five boroughs of New York City, and
the other half of whom come from urban upstate communities in counties
with larger cities such as Erie, Onondaga, Albany and Orange. This
bill would provide local mandate relief to counties whose courts are
unduly burdened by inmate filings.
This bill does leave the option to file such appeals locally or to
file them in the county of Albany where the Board of Parole has its
LEGISLATIVE HISTORY OF BILL:
This is a new bill.
This bill provides mandate relief to the courts of upstate rural
counties where prisons are located and shifts such burden to the
courts of urban and downstate metropolitan counties.
Ninety days after enactment.
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
May 28, 2015
Introduced by M. of A. SIMOTAS, O'DONNELL -- read once and referred to
the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to special
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision (b) of section 506 of the civil practice law
2 and rules is amended by adding a new paragraph 5 to read as follows:
3 5. A PROCEEDING BROUGHT PURSUANT TO SUBDIVISION TWO OF SECTION TWO
4 HUNDRED FIFTY-NINE-I OF THE EXECUTIVE LAW MAY COMMENCE IN THE SUPREME
5 COURT IN THE COUNTY OF CONVICTION OF THE PETITIONER.
6 S 2. This act shall take effect ninety days after it shall have become
7 a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.