BILL NUMBER: S3311
SPONSOR: PALUMBO
 
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to certain
preliminary injunctions
 
PURPOSE:
Relates to certain preliminary injunctions regarding challenges to
building permits, variances and subdivision approvals.
 
SUMMARY OF PROVISIONS:
Section 1. Amends section 6311 of the civil practice law and rules by
adding a new subdivision 3 relating to certain preliminary injunctions
regarding challenges to building permits, variances and subdivision
approvals.
Section 2. Effective Date
 
JUSTIFICATION:
Under current law, the failure to request a preliminary injunction or
appeal the denial thereof, gives rise to the defense of moonless in a
proceeding challenging a building permit, variance, subdivision approval
or other land use approval if the landowner continues to build or
complete construction even though there is knowledge of the pending
challenge. Thus, litigants are required to pursue an application for a
preliminary injunction through the appellate process with the additional
costs and lengthy delays to avoid being subject to the defense. This
bill would correct this issue and provide for a more expeditious proc-
ess.
 
LEGISLATIVE HISTORY:
2024 S.2260; 2022 S.5309/S.5901; 2020 S.3733/A.5527; 2018
S.8514/A.10627.
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
Immediately

Statutes affected:
S3311: 6311 civil practice law