Sets the required venue for actions or proceedings involving section one of article nineteen of the state constitution.
Impact
This bill is significant as it alters the procedural landscape for constitutional amendments in New York State. By restricting the venue for these actions, it centralizes where cases can be heard, which may streamline judicial processes and clarify jurisdictional questions. It aims to bring consistency in how cases related to constitutional amendments are handled, potentially reducing confusion among litigants and courts alike.
Summary
S09337 proposes to amend the civil practice law and rules in New York by establishing designated venues for actions or proceedings involving section one of article nineteen of the state constitution. The bill specifically states that such legal actions can only be initiated in specific counties, aligning with the judicial departments of New York. These designated counties include New York County, Westchester County, Albany County, and Erie County, ensuring that at least one plaintiff is located within these jurisdictions.
Contention
While the bill appears to simplify the legal process surrounding constitutional amendments, it may also raise points of contention regarding access to justice. Critics may argue that limiting the venues could disadvantage plaintiffs who are located outside the specified counties or who may find it harder to access these courts. The geographical restrictions may lead to concerns over equitable treatment of cases and could provoke debate about the broader implications for civil rights and accessibility within the legal system.
Provides relative to court costs in suits involving the state and state agencies in the Nineteenth Judicial District Court. (2/3-CA7s2.1(A)) (8/1/25) (OR INCREASE GF EX See Note)