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S10375 Summary:

BILL NOS10375
 
SAME ASNo Same As
 
SPONSORSEPULVEDA
 
COSPNSR
 
MLTSPNSR
 
Amd R2214, CPLR
 
Clarifies the need for expedited relief when seeking an order to show cause; provides the application shall require why such relief is necessary.
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S10375 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10375
 
                    IN SENATE
 
                                      May 15, 2026
                                       ___________
 
        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
 
        AN  ACT to amend the civil practice law and rules, in relation to clari-
          fying the need for expedited relief when  seeking  an  order  to  show
          cause
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision (d) of rule 2214 of the civil practice law  and
     2  rules, as amended by chapter 752 of the laws of 1972, is amended to read
     3  as follows:
     4    (d) Order to show cause. The court in a proper case may grant an order
     5  to show cause, to be served in lieu of a notice of motion, at a time and
     6  in a manner specified therein. The party seeking the order to show cause
     7  shall state in the application why such procedure is necessary. An order
     8  to  show  cause against a state body or officers must be served in addi-
     9  tion to service upon the defendant or respondent state body or  officers
    10  upon  the  attorney general by delivery to an assistant attorney general
    11  at an office of the attorney general in the county in which venue of the
    12  action is designated or if there is no office of the attorney general in
    13  such county, at the office of the attorney general nearest such county.
    14    § 2. This act shall take effect on the first of January next  succeed-
    15  ing the date on which it shall have become a law.
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15883-01-6
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