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
01/06/2016 referred to judiciary
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7874
SPONSOR: Simotas (MS)
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to special
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
Section two is the effective date.
Counties have often complained that their courts are burdened by appli-
cations 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, Living-
ston and others send very few citizens to prison but bear the dispropor-
tionate impact of inmate litigation because the prisons are located in
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
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
LEGISLATIVE HISTORY OF BILL:
This is a new bill.
This bill provides mandate relief to the courts of upstate rural coun-
ties where prisons are located and shifts such burden to the courts of
urban and downstate metropolitan counties.
Ninety days after enactment.
STATE OF NEW YORK
2015-2016 Regular Sessions
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 § 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.