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Assembly Bill A4685

2009-2010 Legislative Session

Provides that judges may render judgment in favor of the petitioner if the respondent fails to answer within five days from the date of service

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Archive: Last Bill Status - In Assembly Committee

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2009-A4685 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd ยง732, RPAP L

2009-A4685 (ACTIVE) - Summary

Provides that judges have discretion as to whether or not to render judgment in favor of the petitioner if the respondent fails to answer within five days from the date of service in proceedings to recover premises due to non-payment of rent.

2009-A4685 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4685

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2009
                               ___________

Introduced  by M. of A. V. LOPEZ, COOK -- Multi-Sponsored by -- M. of A.
  CLARK, GLICK, GOTTFRIED, GREENE, MAYERSOHN, WRIGHT --  read  once  and
  referred to the Committee on Judiciary

AN  ACT  to  amend  the  real  property  actions and proceedings law, in
  relation to special provisions applicable in non-payment proceeding if
  the rules so provide

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 3 of section 732 of the real property actions
and proceedings law, as added by chapter 910 of the  laws  of  1965,  is
amended to read as follows:
  3. If the respondent fails to answer within five days from the date of
service,  as  shown  by  the  affidavit or certificate of service of the
notice of petition and petition, the judge [shall] MAY  render  judgment
in  favor of the petitioner and may stay the issuance of the warrant for
a period of not to exceed ten days from the date of service.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08350-01-9

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