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Assembly Bill A6327

2009-2010 Legislative Session

Authorizes a stay of judicial proceedings where the minor dependent of a military member is involved

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Archive: Last Bill Status - In Assembly Committee

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2009-A6327 (ACTIVE) - Details

See Senate Version of this Bill:
S3474
Current Committee:
Assembly Judiciary
Law Section:
Military Law
Laws Affected:
Amd ยง304, Mil L
Versions Introduced in 2011-2012 Legislative Session:
A5405

2009-A6327 (ACTIVE) - Summary

Extends certain benefits afforded with respect to judicial proceedings where the minor dependent of a military member is involved as a party; authorizes a stay of proceedings in such situations.

2009-A6327 (ACTIVE) - Bill Text download pdf 

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

                                  6327

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2009
                               ___________

Introduced  by  M. of A. TOWNS, ALFANO, ERRIGO, ESPAILLAT -- Multi-Spon-
  sored by -- M. of A.  CROUCH, McENENY, PHEFFER, TOWNSEND -- read  once
  and referred to the Committee on Judiciary

AN ACT to amend the military law, in relation to extending certain bene-
  fits  afforded  with  respect  to judicial proceedings where the minor
  dependent of a military member is involved as a party

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

  Section  1. Section 304 of the military law, as amended by chapter 507
of the laws of 1991, is amended to read as follows:
  S 304. Proceedings to be stayed unless interest unaffected by military
service.  At any stage thereof, any action or proceeding in any court or
in any adjudicatory or licensing proceeding  before  any  state  agency,
including  any  public  benefit  corporation or public authority, or any
political subdivision of the  state,  in  which  a  person  in  military
service  OR  A  MINOR  DEPENDENT  OF  A MILITARY MEMBER is involved as a
party, during the period of such service or within sixty days thereafter
may, in the discretion of the court or adjudicatory or licensing  agency
before which it is pending, on its own motion, and shall, on application
to  it  by such person or some person on his OR HER behalf, be stayed as
provided in this [act] ARTICLE, unless, in the opinion of the  court  or
adjudicatory  or licensing agency, the ability of plaintiff to prosecute
the action, or the defendant to conduct his OR HER defense,  or  in  any
adjudicatory  or licensing proceeding the ability of the party to repre-
sent his OR HER interest, is not materially affected by reason of his OR
HER military service OR MILITARY SERVICE OF THE PARENT  OR  GUARDIAN  OF
SUCH MINOR DEPENDENT.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08568-01-9

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