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A04856 Summary:

Amd 506, CPLR
Relates to special proceedings.
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A04856 Actions:

02/03/2017referred to judiciary
05/09/2017reported referred to codes
05/16/2017reported referred to ways and means
01/03/2018referred to ways and means
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A04856 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: Simotas
  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 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 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: 2015-16: A7874   FISCAL IMPLICATIONS: 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.   EFFECTIVE DATE: Ninety days after enactment.
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A04856 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 3, 2017
        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.
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