•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A05901 Summary:

BILL NOA05901
 
SAME ASSAME AS UNI. S05309
 
SPONSORThiele
 
COSPNSR
 
MLTSPNSR
 
Amd §6311, CPLR
 
Provides that the failure of a party challenging a building permit, variance, subdivision or other land use approval to seek a preliminary injunction to prevent construction shall not give rise to the opposing party raising the defense of mootness if such party continues and/or completes construction with knowledge that an action challenging its land use approval has been timely commenced.
Go to top    

A05901 Actions:

BILL NOA05901
 
03/02/2021referred to judiciary
Go to top

A05901 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5901
 
SPONSOR: Thiele
  TITLE OF BILL: An act to amend the civil practice law and rules, in relation to certain preliminary injunctions   PURPOSE: Relates to certain preliminary injunctions regarding challenges to building permits, variances and subdivision approvals.   SUMMARY OF PROVISIONS: Section 1. Amends section 6311 of the civil practice law and rules by adding a new subdivision 3 relating to certain preliminary injunctions regarding challenges to building permits, variances and subdivision approvals. Section 2. Effective Date   JUSTIFICATION: Under current law, the failure to request a preliminary injunction or appeal the denial thereof, gives rise to the defense of mootness in a proceeding challenging a building permit, variance, subdivision approval or other land use approval if the land owner continues to build or complete construction even though there is knowledge of the pending challenge. Thus, litigants are required to pursue an application for a preliminary injunction through the appellate process with the additional costs and lengthy delays to avoid being subject to the defense. This bill would correct this issue and provide for a more expeditious proc- ess.   LEGISLATIVE HISTORY: 2020 S.3733/A.5527; 2018 S.8514/A.10627.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: Immediately
Go to top

A05901 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 5309                                                  A. 5901
 
                               2021-2022 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                      March 2, 2021
                                       ___________
 
        IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Judiciary
 
        IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
          to the Committee on Judiciary
 
        AN ACT to amend the civil practice law and rules, in relation to certain
          preliminary injunctions
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 6311 of the civil practice law and rules is amended
     2  by adding a new subdivision 3 to read as follows:
     3    3.  Failure of a party challenging a building permit, variance, subdi-
     4  vision or other land use approval to seek a  preliminary  injunction  to
     5  prevent  construction shall not give rise to the opposing party to raise
     6  the defense  of  mootness  if  said  party  continues  and/or  completes
     7  construction  with  knowledge  that  an  action challenging its land use
     8  approval has been timely commenced.
     9    § 2. This act shall take effect immediately.
 
 
 
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05781-01-1
Go to top