Extends the period of time within which a proceeding against a body or officer pursuant to article 78 of the civil practice law and rules must be appealed to 2 years.
STATE OF NEW YORK
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4139
2013-2014 Regular Sessions
IN SENATE
March 12, 2013
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to appeals
of proceedings against a body or officer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions (a) and (b) of section 5513 of the civil prac-
2 tice law and rules, as amended by chapter 214 of the laws of 1996, are
3 amended to read as follows:
4 (a) Time to take appeal as of right. An appeal as of right must be
5 taken within thirty days after service by a party upon the appellant of
6 a copy of the judgment or order appealed from and written notice of its
7 entry, except that when the appellant has served a copy of the judgment
8 or order and written notice of its entry, the appeal must be taken with-
9 in thirty days thereof; provided, however, that, an appeal as of right
10 of a proceeding conducted pursuant to article seventy-eight of this
11 chapter must be taken within two years after service by a party upon the
12 appellant of a copy of the judgment or order appealed from and written
13 notice of its entry, except that when the appellant has served a copy of
14 the judgment or order and written notice of its entry, the appeal must
15 be taken within two years thereof.
16 (b) Time to move for permission to appeal. The time within which a
17 motion for permission to appeal must be made shall be computed from the
18 date of service by a party upon the party seeking permission of a copy
19 of the judgment or order to be appealed from and written notice of its
20 entry, or, where permission has already been denied by order of the
21 court whose determination is sought to be reviewed, of a copy of such
22 order and written notice of its entry, except that when such party seek-
23 ing permission to appeal has served a copy of such judgment or order and
24 written notice of its entry, the time shall be computed from the date of
25 such service. A motion for permission to appeal must be made within
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05455-01-3
S. 4139 2
1 thirty days; provided, however, that in the case of an appeal of a
2 proceeding conducted pursuant to article seventy-eight of this chapter,
3 such motion must be made within two years.
4 § 2. This act shall take effect immediately and shall apply to
5 proceedings commenced pursuant to article 78 of the civil practice law
6 and rules on or after such effective date.
