S T A T E O F N E W Y O R K
________________________________________________________________________
5405
2011-2012 Regular Sessions
I N A S S E M B L Y
February 18, 2011
___________
Introduced by M. of A. TOWNS -- 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.
LBD09586-01-1