BILL NUMBER: S8538
SPONSOR: BASKIN
 
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to extend-
ing the statute of limitations for coroners, coroners' physicians or
medical examiners for article 78 proceedings
 
PURPOSE:
Currently, there is a narrow 4-month limit for individuals to file an
article 78 challenge to a coroner of medical examiners final determi-
nation for a cause of death. This bill would extend the statute of limi-
tation to 10 years.
 
SUMMARY OF SPECIFIC PROVISIONS:
Amend section 217 subdivision 1 of the civil practice law and rules to
allow a petitioner to commence an Article 78 challenge within 10 years
after a coroner, coroner's physician, or medical examiner's report is
finalized.
 
JUSTIFICATION:
Extending the statute of limitations emphasize the potential for new
evidence, the importance of uncovering the true cause of death, and the
need to ensure that justice is not compromised by a rigid adherence to
an arbitrary deadline. The current narrow 4-month limit prevents peti-
tioners from bringing to light medical errors or previously unknown
contributing factors to a death. Additionally, there can easily be
advancements in forensic science or new investigative techniques that
can provide additional data that was not available at the time of the
coroner's initial determination. States like California, Delaware,
Missouri, and Connecticut have much broader or no statute of limitations
in challenging a determination for cause of death. By amending this
statute, the state allows for a thorough review of all records and
potential correction of errors, ensuring that justice is served for the
deceased and their families.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S8538: 217 civil practice law, 217(1) civil practice law