S 8538: Extends the statute of limitations for coroners, coroners' physicians and medical examiners for article 78 proceedings to ten years.

  
  STATE OF NEW YORK ________________________________________________________________________ 8538 2025-2026 Regular Sessions  IN SENATE October 22, 2025 ___________ Introduced by Sen. BASKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 217 of the civil practice law and 2 rules, as amended by chapter 467 of the laws of 1990, is amended to read 3 as follows: 4 1. Unless a shorter time is provided in the law authorizing the 5 proceeding, a proceeding against a body or officer must be commenced 6 within four months after the determination to be reviewed becomes final 7 and binding upon the petitioner or the person whom [he] such petitioner 8 represents in law or in fact, or after the respondent's refusal, upon 9 the demand of the petitioner or the person whom [he] such petitioner 10 represents, to perform its duty; or with leave of the court where the 11 petitioner or the person whom [he] such petitioner represents, at the 12 time such determination became final and binding upon [him] such peti- 13 tioner or at the time of such refusal, was under a disability specified 14 in section 208 of this article, within two years after such time, or in 15 the case of a coroner, coroner's physician or medical examiner a 16 proceeding must be commenced within ten years after such coroner, 17 coroner's physician or medical examiner's report is finalized. 18 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11791-01-5