New York 2025-2026 Regular Session

New York Assembly Bill A09341

Introduced
12/10/25  
Refer
12/10/25  

Caption

Provides that the failure of a party challenging a building permit, variance, subdivision or other land use approval to seek a preliminary injunction to prevent construction shall not give rise to the opposing party raising the defense of mootness if such party continues and/or completes construction with knowledge that an action challenging its land use approval has been timely commenced.

Impact

The enactment of A09341 would significantly affect how land use disputes are handled in New York. Specifically, it would impact the legal landscape surrounding the challenge of building permits by reinforcing the obligation of those challenging a permit to act promptly. Failure to seek an injunction could lead to a situation where a project becomes irreversible, as it allows construction to proceed unchecked by legal encumbrances. This could encourage developers to advance projects more aggressively, knowing that the window for legal intervention could be limited by the opposing party's inaction.

Summary

Bill A09341 aims to amend the civil practice law and rules concerning the processes involved in challenging land use approvals, such as building permits and variances. The primary provision of this bill states that if a party fails to seek a preliminary injunction to halt construction activity while a challenge is pending, the opposing party cannot claim mootness if they continue or complete construction knowing that a legal action challenging the approval has been initiated. This change is intended to clarify legal rights and responsibilities during construction disputes.

Contention

This bill has potential implications for both developers and community advocates. Supporters of the bill argue that it will streamline the construction process and minimize delays caused by prolonged legal challenges. However, opponents might raise concerns regarding property rights and the ability of communities to contest developments that they see as harmful. The central point of contention lies in balancing the interests of developers who desire certainty and expedience against the rights of citizens and local governments to ensure that land use decisions are made with due diligence and public input.

Companion Bills

NY S03311

Same As Provides that the failure of a party challenging a building permit, variance, subdivision or other land use approval to seek a preliminary injunction to prevent construction shall not give rise to the opposing party raising the defense of mootness if such party continues and/or completes construction with knowledge that an action challenging its land use approval has been timely commenced.

Previously Filed As

NY S03311

Provides that the failure of a party challenging a building permit, variance, subdivision or other land use approval to seek a preliminary injunction to prevent construction shall not give rise to the opposing party raising the defense of mootness if such party continues and/or completes construction with knowledge that an action challenging its land use approval has been timely commenced.

NY S08834

Provides that a person shall not be deemed to have entered the lands owned or occupied by a nation, tribe, or band of Indians if such person is temporarily and continuously passing through such lands; provides that at the request of the Seneca nation, the superintendent of state police, a sheriff of a county that includes lands of the Seneca nation, or the chief of police of the city of Salamanca may enter into an agreement with the Seneca nation detailing the activities such law enforcement entity will undertake within the nation's federally-recognized Indian Country lands; provides that such agreements shall not be construed to limit powers, duties, and responsibilities to undertake activities on Indian lands; and provides that such agreements may include provisions related to the appointment of tribal members of Nation employees as police officers.

NY A09500

Provides that a person shall not be deemed to have entered the lands owned or occupied by a nation, tribe, or band of Indians if such person is temporarily and continuously passing through such lands; provides that at the request of the Seneca nation, the superintendent of state police, a sheriff of a county that includes lands of the Seneca nation, or the chief of police of the city of Salamanca may enter into an agreement with the Seneca nation detailing the activities such law enforcement entity will undertake within the nation's federally-recognized Indian Country lands; provides that such agreements shall not be construed to limit powers, duties, and responsibilities to undertake activities on Indian lands; and provides that such agreements may include provisions related to the appointment of tribal members of Nation employees as police officers.

NY A00756

Defines the term "construction projects" to mean the construction, reconstruction, rehabilitation or improvement of any school building where a district receives any apportionment for debt service or building aid and the school building is sited within the Long Island region; provides that each contract involving the award of a construction project shall require the use of a project labor agreement for all contractors and subcontractors on such project.

NY S01672

Defines the term "construction projects" to mean the construction, reconstruction, rehabilitation or improvement of any school building where a district receives any apportionment for debt service or building aid and the school building is sited within the Long Island region; provides that each contract involving the award of a construction project shall require the use of a project labor agreement for all contractors and subcontractors on such project.

NY S07480

Provides that in any jurisdiction in which a party is eligible under local law for free legal counsel, if such party has in good faith attempted to secure such counsel and is unable to obtain counsel through no fault of their own, the court shall adjourn the trial of the issue for consecutive periods of not less than fourteen days each until the party is able to secure counsel.

NY S09936

Provides that in any jurisdiction in which a party is eligible under local law for free legal counsel, if such party has in good faith attempted to secure such counsel and is unable to obtain counsel through no fault of their own, the court shall adjourn the trial of the issue for consecutive periods of not less than fourteen days each until the party is able to secure counsel.

NY S08127

Relates to intrusions upon lands owned or occupied by any nation, tribe or band of Indians, and to drug trafficking activities within Indian lands; provides that the district attorney of a county in which reservation lands are situated, upon application of a person designated by the laws of a nation, tribe or band to make such application, shall make complaint of intrusions on such lands and cause intruders to be removed; provides that the governor, the superintendent of state police, a sheriff of a county that includes lands of the Seneca nation, or the chief of police of the city of Salamanca, may, at the request of the Seneca nation, enter into an agreement with the Seneca nation governing the terms and conditions of criminal law enforcement activities within the nation's Indian County lands; provides that such agreements shall be given full force and effect by the courts of the state.

NY A08289

Relates to intrusions upon lands owned or occupied by any nation, tribe or band of Indians, and to drug trafficking activities within Indian lands; provides that the district attorney of a county in which reservation lands are situated, upon application of a person designated by the laws of a nation, tribe or band to make such application, shall make complaint of intrusions on such lands and cause intruders to be removed; provides that the governor, the superintendent of state police, a sheriff of a county that includes lands of the Seneca nation, or the chief of police of the city of Salamanca, may, at the request of the Seneca nation, enter into an agreement with the Seneca nation governing the terms and conditions of criminal law enforcement activities within the nation's Indian County lands; provides that such agreements shall be given full force and effect by the courts of the state.

NY A10408

Allows a party asserting a claim to discontinue an action without procedural delays when the discontinuance would benefit an unrepresented party and that party has not responded to a request to stipulate to a discontinuance in a reasonable period of time.

Similar Bills

No similar bills found.