On December 2, 2025, the Grieving Families Act (Bill No. A6063) (“Version 4”) was delivered to the desk of Governor Hochul. Pursuant to Article IV, Section 7 of the New York State Constitution, “[i]f any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him or her, the same shall be a law in like manner as if he or she had signed it, unless the legislature shall, by their adjournment, prevent its return, in which case it shall not become a law without the approval of the governor.” In this regard, the Governor’s deadline to make her decision was December 12, 2025.
Nevertheless, the Governor acted prior to the deadline and swiftly vetoed Version 4 on December 5, 2025. In her veto memorandum, the Governor acknowledged the concerns raised by proponents of Version 4, stating:
. . . I very much believe that grieving families should be able to turn to the courts for justice, accountability, and meaningful compensation for their loss. As the advocates calling for this change have highlighted, the justice system often perpetuates inequities by valuing human life based on earning potential.
However, the Governor also addressed her previously raised concerns, stating:
Over the last few years, the Legislature has passed legislation that would make sweeping changes to New York’s wrongful death jurisprudence. While well-intentioned, these changes would likely have resulted in higher costs to patients and consumers as well as other unintended consequences. For the fourth year in a row, the Legislature has passed a bill that continues to pose significant risks to consumers, without many of the changes I expressed openness to in previous communications. At a time when the State is facing an affordability crisis and many struggle just to meet basic needs, genuine concerns continue to be raised that the bill may lead to increased costs, including increased insurance premiums and increased financial stress to our healthcare systems, including those that serve disadvantaged communities.
Although the 2025 Legislature had sufficient votes to override the Governor’s veto, it is no longer in session. As a result, any future consideration of the Grieving Families Act will require reintroduction and passage in a subsequent legislative session, likely in winter and/or spring 2026. However, absent meaningful substantive changes to the Grieving Families Act’s language, approval by the Governor remains improbable in light of her years of stated objections.
Costello, Cooney & Fearon, PLLC, will continue actively monitoring the progression of the Grieving Families Act over the course of 2026.
