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A08986 Summary:

BILL NOA08986
 
SAME ASNo Same As
 
SPONSORConrad
 
COSPNSR
 
MLTSPNSR
 
Amd §217, CPLR
 
Extends the statute of limitations for coroners, coroners' physicians and medical examiners for article 78 proceedings to ten years.
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A08986 Text:



 
                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
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