Bill > S03766

This bill amends the New York Civil Practice Law and Rules by adding a new section that allows parties who are aggrieved by a Court of Appeals decision to file a motion to renew the case if a subsequent state legislative enactment appears to contradict the court's previous decision. Under this new provision, if the case has not been finally determined or is still pending, an aggrieved party can file a motion within 90 days of the new legislative enactment. If the Court of Appeals determines there is a substantial basis for the motion, it will allow full briefing and oral arguments specifically focused on whether the court should change its original decision in light of the new legislative clarification. Notably, the court is required to consider legal questions addressed in the new legislation, even if those issues were previously deemed unpreserved. This bill essentially provides a mechanism for the Court of Appeals to reconsider its own decisions when the state legislature subsequently passes a law that appears to conflict with or clarify the court's earlier interpretation, giving the legislative branch a more direct way to influence judicial interpretations.

Justice

https://www.nysenate.gov/legislation/bills/2025/S3766