S 3413 NY

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Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S03413 Summary: BILL NO S03413 &nbsp SAME AS SAME AS A00533

&nbsp SPONSOR JACKSON &nbsp COSPNSR COMRIE &nbsp MLTSPNSR &nbsp Amd §7806, CPLR &nbsp Permits court ruling in favor of a petitioner appealing the denial of a disability pension determination to grant disability pension.

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STATE OF NEW YORK ________________________________________________________________________

3413

2025-2026 Regular Sessions

IN SENATE

January 27, 2025 ___________

Introduced by Sen. JACKSON -- 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 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 ] such petitioner is entitled, or may dismiss the proceeding 6 either on the merits or with leave to renew. If the proceeding was 7 brought to review a determination, the judgment may annul or confirm the 8 determination in whole or in part, or modify it, and may direct or 9 prohibit specified action by the respondent , provided, however, that 10 when the determination being reviewed is a determination by a pension or 11 retirement system of the state or civil division thereof denying the 12 petitioner a disability pension, the court, upon a finding that the 13 determination was arbitrary and capricious and not supported by substan- 14 tial evidence, may annul the determination and grant the petitioner the 15 requested disability pension . Any restitution or damages granted to the 16 petitioner must be incidental to the primary relief sought by the peti- 17 tioner, and must be such as [ he ] such petitioner might otherwise recover 18 on the same set of facts in a separate action or proceeding suable in 19 the supreme court against the same body or officer in [ its or his ] such 20 body's or officer's official capacity. 21 § 2. This act shall take effect immediately and shall apply to all 22 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. LBD02439-01-5

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