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NY A00533

Bill

Status

Introduced

1/8/2025

Primary Sponsor

Stacey Pheffer Amato

Click for details

Origin

Assembly

2025-2026 General Assembly

AI Summary

  • Amends Civil Practice Law and Rules section 7806 to expand court authority in Article 78 proceedings involving disability pension denials

  • 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

  • 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

  • Applies to all appeals that have been filed but not yet adjudicated at the time of enactment

  • 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

Committee Referrals

Judiciary1/8/2025

Full Bill Text

No bill text available