A08065 Summary:

SAME ASNo same as
COSPNSRWeinstein, Titus, Abinanti, Arroyo, Fahy, Jacobs, Schimel, Titone, Simotas
Add Art 50 R5022, CPLR
Prohibits confidential settlements by the state.
Go to top    

A08065 Actions:

06/17/2013referred to judiciary
06/19/2013reported referred to codes
06/20/2013reported referred to rules
06/20/2013rules report cal.668
06/20/2013ordered to third reading rules cal.668
01/08/2014referred to judiciary
Go to top

A08065 Text:

                STATE OF NEW YORK
                               2013-2014 Regular Sessions
                   IN ASSEMBLY
                                      June 17, 2013
        Introduced by M. of A. SILVER -- read once and referred to the Committee
          on Judiciary
        AN ACT to amend the civil practice law and rules, in relation to prohib-
          iting confidential settlements by the state
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Article 50 of the civil practice law and rules  is  amended
     2  by adding a new rule 5022 to read as follows:
     3    Rule  5022.  Confidential  settlements  by  the  state prohibited. (a)
     4  Except as provided in subdivision (b) of this rule, any provision of any
     5  agreement or contract entered into  by  the  state  or  any  department,
     6  board,  bureau,  division, commission, committee, or office thereof, the
     7  legislature of the state of New York or any house thereof, including any
     8  committee, subcommittee, joint committee, select committee,  or  commis-
     9  sion  thereof,  the  unified  court  system,  or  any state authority as
    10  defined by subdivision one of section two of the public authorities  law
    11  that has the purpose or effect of concealing information relating to the

    12  settlement or resolution of any claim or action, whether such settlement
    13  or  resolution  addresses  any  formal or informal internal complaint or
    14  anticipated, threatened or commenced litigation, is hereby  declared  to
    15  be  void and contrary to public policy, and shall not be enforced by the
    16  courts of this state, or otherwise.
    17    (b) Provided, however, the name of any  person  who  claims  to  be  a
    18  victim  of  sexual  abuse,  sexual assault or sexual harassment who is a
    19  party to a settlement agreement pursuant to subdivision (a) of this rule
    20  shall be withheld from disclosure at the request of such person,  or  by
    21  order  of  the court. In addition, any information that would constitute

    22  an unwarranted invasion of personal  privacy  under  the  provisions  of
    23  subdivision  two of section eighty-nine of the public officers law shall
    24  also be withheld from disclosure at the request of such  person,  or  by
    25  order of the court.
    26    §  2.  This  act  shall take effect immediately and shall apply to all
    27  settlement agreements entered into on or after such effective date.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
Go to top