STATE OF NEW YORK
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1762--A
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
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Introduced by Sen. GOLDEN -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the civil practice law and rules, in relation to judg-
ments in favor of a petitioner in article 78 proceedings relating to
disability pensions
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 7806 of the civil practice law and rules, as
2 amended by chapter 318 of the laws of 1962, is amended to read as
3 follows:
4 § 7806. Judgment. The judgment may grant the petitioner the relief to
5 which he is entitled, or may dismiss the proceeding either on the merits
6 or with leave to renew. If the proceeding was brought to review a deter-
7 mination, the judgment may annul or confirm the determination in whole
8 or in part, or modify it, and may direct or prohibit specified action by
9 the respondent, provided, however, that when the determination being
10 reviewed is a determination by a pension or retirement system of the
11 state or civil division thereof denying the petitioner a disability
12 pension, the court may review all questions of law and fact de novo,
13 annul the determination and grant the petitioner the requested disabili-
14 ty pension. Any restitution or damages granted to the petitioner must
15 be incidental to the primary relief sought by the petitioner, and must
16 be such as he might otherwise recover on the same set of facts in a
17 separate action or proceeding suable in the supreme court against the
18 same body or officer in its or his official capacity.
19 § 2. This act shall take effect immediately and shall apply to all
20 appeals that have been filed but not yet adjudicated.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06476-02-7
