Clarifies the need for expedited relief when seeking an order to show cause

2025 Regular Session Introduced by Luis Sepúlveda

Requires serving an order to show cause against state bodies/officers on both the entity and the New York Attorney General, ensuring expedited relief.

REFERRED TO JUDICIARY

Overview

Bill: S 10375

Session: 2025-2026

Jurisdiction: New York

Title: Clarifies the need for expedited relief when seeking an order to show cause

Sponsor: Sen. Sepulveda (Co-sponsor: Luis Sepúlveda)

Status: Referred to the Senate Judiciary Committee (May 15, 2026)

Effective date: January 1 following enactment

Purpose and intent

The bill amends Article 22 of the Civil Practice Law and Rules (CPLR) to clarify the use of an order to show cause (OSC) and the procedure for serving it, specifically when the action involves a state body or state officers.

It aims to ensure expedited relief is properly requested and served, aligning procedural requirements for OSCs with respect to state entities.

Key provisions

Amends CPLR Rule 2214(d) (as previously amended by Chapter 752 of the Laws of 1972) to specify:

A court may grant an order to show cause in a proper case, to be served in lieu of a notice of motion, under terms set forth in the OSC order.
The applicant seeking the OSC must explain in the application why expedited relief is necessary.
When the OSC is directed against a state body or state officers, service must include:
Service on the defendant or respondent state body or officers, and
Service on the Attorney General of New York.
Service on the Attorney General must be by delivery to an Assistant Attorney General at:
The Office of the Attorney General in the county where venue is designated, or
If there is no A.G. office in that county, at the nearest A.G. office.

The provision emphasizes prompt and proper service for OSCs involving state entities to ensure timely consideration.

Who/what is affected

Civil actions in which an Order to Show Cause is sought.

Specifically affects cases where the party seeks expedited relief against a state body or state officers.

In such cases, it changes or clarifies the service requirements to ensure the Attorney General is properly served in addition to the state entity.

Procedural and timeline aspects

The bill does not alter the timing of the court’s consideration of an OSC beyond reinforcing the necessity for expedited relief in appropriate cases.

It clarifies the service timeline by mandating that the OSC be served in a manner specified and that the Attorney General be served, which may affect delivery timing and logistics.

Takes effect January 1 of the first year following enactment (a standard phase-in, post-enactment effective date).

Potential impact and considerations

For practitioners: clearer guidance on when to seek an OSC and the explicit service steps when the target is a state body or officers, potentially reducing inadvertent defects in service.

For state entities: ensures uniform and prompt notice by requiring service on both the state body/officers and the Attorney General.

The emphasis on stating the need for expedited relief in the OSC application may influence how practitioners frame and justify urgent requests.