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A00435 Summary:

BILL NOA00435B
 
SAME ASSAME AS S08638
 
SPONSORMagnarelli
 
COSPNSR
 
MLTSPNSR
 
Amd 506, CPLR, amd 1 & 5, Chap 773 of 1911
 
Provides that a proceeding challenging apportionment by the legislature shall be brought in certain designated courts in a judicial department within which at least one petitioner resides.
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A00435 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         435--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
          Committee on Governmental Operations -- recommitted to  the  Committee
          on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and  recommitted to said committee -- again reported from said commit-
          tee with amendments, ordered reprinted as amended and  recommitted  to
          said committee
 
        AN  ACT to amend the civil practice law and rules, in relation to desig-
          nating the venue where proceedings challenging  apportionment  by  the
          legislature  shall  be commenced; and to amend chapter 773 of the laws
          of 1911 relating  to providing for a procedure for the  prompt  review
          of  an  apportionment by the legislature or other body, in relation to
          requiring that apportionment by the legislature shall  be  subject  to
          review by certain designated courts
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Subdivision (b) of section 506 of the civil  practice  law
     2  and rules is amended by adding a new paragraph 5 to read as follows:
     3    5.  a proceeding challenging apportionment by the legislature shall be
     4  commenced in the supreme court in any of the following designated  coun-
     5  ties in a judicial department where at least one petitioner resides:
     6    (i) first judicial department: New York county;
     7    (ii) second judicial department: Westchester county;
     8    (iii) third judicial department: Albany county; or
     9    (iv) fourth judicial department: Erie county.
    10    §  2. Sections 1 and 5 of chapter 773 of the laws of 1911 relating  to
    11  providing for a procedure for the prompt review of an  apportionment  by
    12  the legislature or other body, are amended to read as follows:
    13    Section  1.  An  apportionment  by the legislature shall be subject to
    14  review [by the supreme court] at the suit of any citizen, upon the peti-
    15  tion of any citizen to the supreme court in any of the following  desig-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00349-08-4

        A. 435--B                           2
 
     1  nated  counties  in  a judicial department where [any such] at least one
     2  petitioner resides:
     3    (a) first judicial department:  New York county;
     4    (b) second judicial department: Westchester county;
     5    (c) third judicial  department: Albany county; or
     6    (d) fourth judicial department:  Erie county
     7  and  upon such service thereof  upon the attorney-general, the temporary
     8  president of the senate, the speaker of the assembly and  the  governor,
     9  as a justice of the supreme court may direct.
    10    §  5.  No limitation of the time for commencing an action shall affect
    11  any proceeding hereinbefore mentioned, or any  appeal  in  any  existing
    12  action or proceeding in which the validity of an apportionment is or may
    13  be in issue, if commenced within the period during which such apportion-
    14  ment  is  in  force  may exist; and nothing in this act shall impair any
    15  existing remedy by which the validity of an apportionment may be  deter-
    16  mined.
    17    § 3. This act shall take effect immediately.
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