Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 17, 2011 |
signed chap.473 |
Aug 05, 2011 |
delivered to governor |
Jun 06, 2011 |
returned to senate passed assembly ordered to third reading rules cal.72 substituted for a7466 |
Jun 02, 2011 |
referred to codes delivered to assembly passed senate |
May 09, 2011 |
advanced to third reading |
May 04, 2011 |
2nd report cal. |
May 03, 2011 |
1st report cal.443 |
Apr 12, 2011 |
referred to judiciary |
Senate Bill S4581
Signed By Governor2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2011-S4581 (ACTIVE) - Details
2011-S4581 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4581 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the time of service, the time in which a defect in form must be raised, a copy of a proposed amended pleading and the time of voluntary discontinuances This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. This measure would make several technical amendments to the CPLR, in relation to time of service; time in which a defect in form may be raised; amended pleadings; and the time in which a voluntary discontinuance may be obtained without court order or stipulation. I. Time of service. We recommend amendment of CPLR 306-b to correct a time of service problem that can occur when a court order extending time for filing is granted pursuant to CPLR section 304. CPLR section 306-b presently requires service of the summons and complaint, summons with notice, third-party summons and complaint, petition with notice of petition or order to show cause within 120 days after filing, with appropriate modifications where the statute of
2011-S4581 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4581 2011-2012 Regular Sessions I N S E N A T E April 12, 2011 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- 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 the time of service, the time in which a defect in form must be raised, a copy of a proposed amended pleading and the time of voluntary discon- tinuances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 306-b of the civil practice law and rules, as amended by chapter 473 of the laws of 2001, is amended to read as follows: S 306-b. Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause. Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or order to show cause shall be made within one hundred twenty days after the [filing of the summons and complaint, summons with notice, third-party summons and complaint, or petition] COMMENCEMENT OF THE ACTION OR PROCEEDING, provided that in an action or proceeding, except a proceeding commenced under the election law, where the applicable statute of limitations is four months or less, service shall be made not later than fifteen days after the date on which the applicable statute of limitations expires. If service is not made upon a defendant within the time provided in this section, the court, upon motion, shall dismiss the action without prejudice as to that defendant, or upon good cause shown or in the interest of justice, extend the time for service. S 2. Subdivision (f) of rule 2101 of the civil practice law and rules is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09307-01-1
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.