Senate BillIntroduced
S 3311: 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.
What S 3311 does, verified January 9, 2026
The proposed law aims to prevent a party from raising the defense of "mootness" in court when they fail to seek a preliminary injunction to challenge a land use approval, but continue with construction despite knowing that an action has been filed. This law change would apply to parties challenging building permits, variances, and other land use approvals. It would prevent these parties from arguing that their case is "moot" if they proceed with construction while an action challenging the land use approval is being timely pursued. The law would take effect immediately.
Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: REFERRED TO JUDICIARY (2026-01-07)Alert me
Quick answers about S 3311
- What is the current status of S 3311?
- As of January 9, 2026, S 3311 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on January 7, 2026, was "REFERRED TO JUDICIARY".
- Did S 3311 pass?
- Not yet. S 3311 has been introduced and has not passed either house.
- Who wrote S 3311, and where is it now?
- S 3311 was authored by Sen. Anthony Palumbo. Its committee of record is Senate Judiciary.
Author and sponsors
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| Jan. 07, 2026 | REFERRED TO JUDICIARY |
| Jan. 24, 2025 | REFERRED TO JUDICIARY |
Latest bill textIntroduced version, January 24, 2025 · 197 words
STATE OF NEW YORK ________________________________________________________________________ 3311 2025-2026 Regular Sessions IN SENATE January 24, 2025 ___________ Introduced by Sen. PALUMBO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to certain preliminary injunctions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6311 of the civil practice law and rules is amended 2 by adding a new subdivision 3 to read as follows: 3 3. Failure of a party challenging a building permit, variance, subdi- 4 vision or other land use approval to seek a preliminary injunction to 5 prevent construction shall not give rise to the opposing party to raise 6 the defense of mootness if said party continues and/or completes 7 construction with knowledge that an action challenging its land use 8 approval has been timely commenced. 9 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07526-01-5
Text of S 3311 as introduced, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions