Relates to a stay of enforcement of a determination involving a permit or approval in connection with the development or construction of residential housing.
STATE OF NEW YORK
________________________________________________________________________
5669
2015-2016 Regular Sessions
IN ASSEMBLY
March 3, 2015
___________
Introduced by M. of A. LAVINE -- read once and referred to the Committee
on Judiciary
AN ACT to amend the civil practice law and rules, in relation to a stay
of the enforcement of a determination involving a permit or approval
in connection with the development or construction of residential
housing
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 7805 of the civil practice law and rules is amended
2 to read as follows:
3 § 7805. Stay. On the motion of any party or on its own initiative, the
4 court may stay further proceedings, or the enforcement of any determi-
5 nation under review, upon terms including notice, security and payment
6 of costs, except that the enforcement of an order or judgment granted by
7 the appellate division in a proceeding under this article may be stayed
8 only by order of the appellate division or the court of appeals. Unless
9 otherwise ordered, security given on a stay is effective in favor of a
10 person subsequently joined as a party under section 7802 of this
11 article. The court in issuing a stay of the enforcement of a determi-
12 nation involving a permit or approval in connection with the development
13 or construction of residential housing may require the posting of secu-
14 rity in an amount the court shall deem proper.
15 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02154-02-5
