A07874 Summary:

BILL NO    A07874 

SAME AS    SAME AS S05895

SPONSOR    Simotas (MS)

COSPNSR    O'Donnell

MLTSPNSR   

Amd S506, CPLR

Relates to special proceedings.
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A07874 Actions:

BILL NO    A07874 

05/28/2015 referred to judiciary
06/02/2015 reported referred to codes
06/08/2015 reported referred to ways and means
06/18/2015 reported referred to rules
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A07874 Votes:

There are no votes for this bill in this legislative session.
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A07874 Memo:

BILL NUMBER:A7874

TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to
special proceedings

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
Albany County.

Section two is the effective date.

JUSTIFICATION:

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
principal office.

LEGISLATIVE HISTORY OF BILL:

This is a new bill.

FISCAL IMPLICATIONS:

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.

EFFECTIVE DATE:


Ninety days after enactment.
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A07874 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         7874

                              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
         proceedings

         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.
                                                                  LBD11354-01-5
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