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S08538 Summary:

BILL NOS08538
 
SAME ASSAME AS A08986
 
SPONSORBASKIN
 
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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S08538 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8538
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    October 22, 2025
                                       ___________
 
        Introduced  by  Sen.  BASKIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        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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