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NY A00533
Bill
Status
1/8/2025
Primary Sponsor
Stacey Pheffer Amato
Click for details
AI Summary
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Amends Civil Practice Law and Rules section 7806 to expand court authority in Article 78 proceedings involving disability pension denials
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Allows courts to directly grant a disability pension to petitioners when reviewing determinations by state or local pension/retirement systems, if the court finds the denial was arbitrary, capricious, and not supported by substantial evidence
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Currently, courts can only annul or confirm pension determinations; this change would permit courts to award the pension itself rather than remanding back to the agency
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Applies to all appeals that have been filed but not yet adjudicated at the time of enactment
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Makes gender-neutral language updates throughout the statute (replacing "he" with "such petitioner")
Legislative Description
Permits court ruling in favor of a petitioner appealing the denial of a disability pension determination to grant disability pension.
Last Action
referred to judiciary
1/7/2026