S T A T E O F N E W Y O R K
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8368--A
R. R. 354
2011-2012 Regular Sessions
I N A S S E M B L Y
June 14, 2011
___________
Introduced by M. of A. WEINSTEIN, P. RIVERA -- (at request of the Office
of Court Administration) -- read once and referred to the Committee on
Judiciary -- passed by Assembly and delivered to the Senate, recalled
from the Senate, vote reconsidered, bill amended, ordered reprinted,
retaining its place on the special order of third reading
AN ACT to amend chapter 367 of the laws of 1999, amending the civil
practice law and rules and the judiciary law relating to authorization
of pilot programs permitting use of facsimile transmission or elec-
tronic means to commence an action or special proceeding, in relation
to specifying courts and actions in which pilot programs will be
authorized to permit use of electronic means to commence an action or
proceeding; and to amend chapter 416 of the laws of 2009, amending the
civil practice law and rules relating to service of papers by elec-
tronic means, in relation to the establishment of advisory committees
to implement laws to effect service of papers by electronic means
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The legislature finds and declares that use of electronic
means to commence judicial proceedings and to file and serve papers in
pending proceedings ("e-filing") can be highly beneficial to the state,
local governments and the public. Accordingly, it is the purpose of this
measure to enable a further controlled expansion of e-filing in the
civil courts of the state; and to lay the groundwork for an anticipated
future introduction of e-filing in criminal and family courts.
S 2. The first unnumbered paragraph and clauses (i), (iv), (v), (xi)
and (xii) of subparagraph 1, and subparagraphs 2 and 3 of paragraph (B)
of subdivision (b) of section 6 of chapter 367 of the laws of 1999,
amending the civil practice law and rules and the judiciary law relating
to authorization of pilot programs permitting use of facsimile trans-
mission or electronic means to commence an action or special proceeding,
the first unnumbered paragraph of subparagraph 1, subparagraph 3 as
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11953-09-1
A. 8368--A 2
amended by chapter 528 of the laws of 2010 and clauses (i), (iv), (v),
(xi) and (xii) of subparagraph 1 and subparagraph 2 as amended by chap-
ter 416 of the laws of 2009, are amended and a new clause (xiii) is
added to subparagraph 1 to read as follows:
The supreme court [of] IN COUNTIES WITHIN THE CITY OF New York [and
Westchester counties] in the following classes of cases [provided that
the amount in controversy (exclusive of punitive damages, interest,
costs, disbursements and counsel fees claimed) is over $100,000]:
(i) Breach of contract [(regardless of amount in controversy)] or
fiduciary duty, fraud, misrepresentation, business tort (including but
not limited to actions involving claims of unfair competition), or stat-
utory and/or common law violation where the breach or violation is
alleged to arise out of business dealings (including but not limited to
sales of assets or securities; corporate restructuring; partnership,
shareholder, joint venture, and other business agreements; trade
secrets; restrictive covenants; and employment agreements not including
claims that principally involve alleged discriminatory practices);
(iv) Shareholder derivative actions[, without consideration of the
monetary threshold];
(v) Commercial class actions[, without consideration of the monetary
threshold];
(xi) Dissolution of corporations, partnerships, limited liability
companies, limited liability partnerships and joint ventures[, without
consideration of the monetary threshold]; [and]
(xii) Applications to stay or compel arbitration and affirm or disaf-
firm arbitration awards and related injunctive relief pursuant to arti-
cle 75 of the civil practice law and rules involving any of the forego-
ing enumerated commercial issues[, without consideration of the monetary
threshold]; AND
(XIII) BREACH OF CONTRACT CASES OTHER THAN THOSE SPECIFIED IN CLAUSE
(I) OF THIS SUBPARAGRAPH.
2. Tort cases in supreme court in [Westchester county] COUNTIES WITHIN
THE CITY OF NEW YORK, and
3. One or more classes of cases (excluding matrimonial actions as
defined by the civil practice law and rules, election law proceedings,
proceedings brought pursuant to article 78 of the civil practice law and
rules, and proceedings brought pursuant to the mental hygiene law) in
supreme court in Livingston, Monroe, Rockland [and], Tompkins, ALLEGANY,
ESSEX, ONONDAGA AND WESTCHESTER counties[.], AND
S 3. Paragraph (B) of subdivision (b) of section 6 of chapter 367 of
the laws of 1999, amending the civil practice law and rules and the
judiciary law relating to authorization of pilot programs permitting use
of facsimile transmission or electronic means to commence an action or
special proceeding, is amended by adding two new subparagraphs 4 and 5
to read as follows:
4. ONE OR MORE CLASSES OF CASES IN SURROGATE'S COURT IN SUCH COUNTIES
AS THE CHIEF ADMINISTRATOR SHALL SPECIFY, AND
5. ACTIONS IN THE CIVIL COURT OF THE CITY OF NEW YORK BROUGHT BY A
PROVIDER OF HEALTH CARE SERVICES SPECIFIED IN PARAGRAPH (1) OF
SUBSECTION (A) OF SECTION 5102 OF THE INSURANCE LAW AGAINST AN INSURER
FOR FAILURE TO COMPLY WITH RULES AND REGULATIONS PROMULGATED BY THE
SUPERINTENDENT OF INSURANCE PURSUANT TO SUBSECTION (B) OF SECTION 5108
OF SUCH LAW.
S 4. The closing paragraph of paragraph (B) of subdivision (b) of
section 6 of chapter 367 of the laws of 1999, amending the civil prac-
tice law and rules and the judiciary law relating to authorization of
A. 8368--A 3
pilot programs permitting use of facsimile transmission or electronic
means to commence an action or special proceeding, as amended by chapter
528 of the laws of 2010, is amended to read as follows:
Notwithstanding the foregoing, the chief administrator may not elimi-
nate the requirement of consent until after he or she shall have
consulted with members of the organized bar and with the county clerk in
any county in which such elimination shall apply (WHERE THE AFFECTED
COURT IS THE SUPREME COURT OF A COUNTY OUTSIDE THE CITY OF NEW YORK),
have afforded them the opportunity to submit comments with respect ther-
eto, have considered any such comments and, in the instance of the coun-
ties specified in subparagraph three of this paragraph, have obtained
the agreement thereto of the respective county clerks thereof.
S 5. Section 6 of chapter 416 of the laws of 2009 amending the civil
practice law and rules relating to service of papers by electronic
means, as amended by chapter 528 of the laws of 2010, is amended to read
as follows:
S 6. (a) Not later than April first in each calendar year, commencing
in the year 2011, the chief administrator of the courts shall submit to
the legislature, the governor and the chief judge of the state a report
evaluating the state's experience with [the program] PROGRAMS in the use
of electronic means for the commencement of [civil] actions and
proceedings and the service of papers therein as authorized by [this
act] LAW and containing such recommendations for further legislation as
he or she shall deem appropriate, including, in particular, legislation
to enable broader use of [the program] SUCH PROGRAMS without the
requirement of consent to participation [in the counties specified in
subparagraphs 1 and 2 of paragraph (B) of subdivision (b) of section 6
of chapter 367 of the laws of 1999, amending the civil practice law and
rules and the judiciary law, relating to the authorization of pilot
programs permitting the use of facsimile transmission or electronic
means to commence an action or special proceeding, as amended, and in
counties not now specified in subparagraph 3 of such paragraph (B)]. In
the preparation of such report, the chief administrator shall consult
with each county clerk in whose county [the] A program has been imple-
mented IN CIVIL CASES IN THE SUPREME COURT, THE ADVISORY COMMITTEES
ESTABLISHED PURSUANT TO SUBDIVISIONS (B), (C) AND (D) OF THIS SECTION,
THE ORGANIZED BAR INCLUDING BUT NOT LIMITED TO CITY, STATE, COUNTY AND
WOMEN'S BAR ASSOCIATIONS; INSTITUTIONAL LEGAL SERVICE PROVIDERS;
NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; PUBLIC DEFENDERS; ATTORNEYS
ASSIGNED PURSUANT TO ARTICLE 18-B OF THE COUNTY LAW; UNAFFILIATED ATTOR-
NEYS WHO REGULARLY APPEAR IN PROCEEDINGS THAT ARE OR HAVE BEEN AFFECTED
BY ANY PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO MAY BE AFFECTED BY THE
PROPOSED RECOMMENDATIONS FOR FURTHER LEGISLATION; REPRESENTATIVES OF
VICTIMS' RIGHTS ORGANIZATIONS; AND ANY OTHER PERSONS IN WHOSE COUNTY A
PROGRAM HAS BEEN IMPLEMENTED IN ANY OF THE COURTS THEREIN AS DEEMED TO
BE APPROPRIATE BY THE CHIEF ADMINISTRATOR, AND afford [him or her] THEM
an opportunity to submit comments with respect to such implementation
for inclusion in the report and [consider] ADDRESS any such comments.
(b) (1) The chief administrator of the courts shall create an advisory
committee to consult with him or her in the implementation of [this act]
LAWS AFFECTING THE PROGRAM IN THE USE OF ELECTRONIC MEANS FOR THE
COMMENCEMENT OF CIVIL ACTIONS AND PROCEEDINGS AND THE SERVICE AND FILING
OF PAPERS THEREIN in the supreme court. This committee shall consist of
such number of members as the chief administrator shall designate, [no]
AMONG WHICH THERE SHALL BE REPRESENTATIVES OF THE ORGANIZED BAR INCLUD-
ING BUT NOT LIMITED TO CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCIATIONS;
A. 8368--A 4
INSTITUTIONAL LEGAL SERVICE PROVIDERS; NOT-FOR-PROFIT LEGAL SERVICE
PROVIDERS; UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS
THAT ARE OR HAVE BEEN AFFECTED BY THE PROGRAMS THAT HAVE BEEN IMPLE-
MENTED OR WHO MAY BE AFFECTED BY ANY RECOMMENDATIONS FOR FURTHER LEGIS-
LATION CONCERNING THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF
ACTIONS AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN IN
THE SUPREME COURT; AND ANY OTHER PERSONS IN WHOSE COUNTY A PROGRAM HAS
BEEN IMPLEMENTED IN ANY OF THE COURTS THEREIN AS DEEMED TO BE APPROPRI-
ATE BY THE CHIEF ADMINISTRATOR. NO fewer than half [to] OF THE MEMBERS
OF THIS ADVISORY COMMITTEE SHALL be upon the recommendation of the New
York State Association of County Clerks.
(2) THE CHIEF ADMINISTRATOR SHALL CREATE AN ADVISORY COMMITTEE TO
CONSULT WITH HIM OR HER IN THE IMPLEMENTATION OF LAWS AFFECTING THE
PROGRAM IN THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF ACTIONS
AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN IN THE
SURROGATE'S COURT. THIS COMMITTEE SHALL CONSIST OF SUCH NUMBER OF
MEMBERS AS THE CHIEF ADMINISTRATOR SHALL DESIGNATE, AMONG WHICH THERE
SHALL BE CHIEF CLERKS OF SURROGATE'S COURTS; REPRESENTATIVES OF THE
ORGANIZED BAR INCLUDING BUT NOT LIMITED TO CITY, STATE, COUNTY AND
WOMEN'S BAR ASSOCIATIONS; INSTITUTIONAL PROVIDERS OF LEGAL SERVICES;
NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; ATTORNEYS ASSIGNED PURSUANT TO
ARTICLE 18-B OF THE COUNTY LAW; UNAFFILIATED ATTORNEYS WHO REGULARLY
APPEAR IN PROCEEDINGS THAT ARE OR HAVE BEEN AFFECTED BY THE PROGRAMS
THAT HAVE BEEN IMPLEMENTED OR WHO MAY BE AFFECTED BY ANY RECOMMENDATIONS
FOR FURTHER LEGISLATION CONCERNING THE USE OF ELECTRONIC MEANS FOR THE
COMMENCEMENT OF ACTIONS AND PROCEEDINGS AND THE SERVICE AND FILING OF
PAPERS THEREIN IN THE SURROGATE'S COURT; AND ANY OTHER PERSONS IN WHOSE
COUNTY A PROGRAM HAS BEEN IMPLEMENTED IN ANY OF THE COURTS THEREIN AS
DEEMED TO BE APPROPRIATE BY THE CHIEF ADMINISTRATOR.
(3) THE CHIEF ADMINISTRATOR SHALL CREATE AN ADVISORY COMMITTEE TO
CONSULT WITH HIM OR HER IN THE IMPLEMENTATION OF LAWS AFFECTING THE
PROGRAM IN THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF ACTIONS
AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN IN THE
CIVIL COURT OF THE CITY OF NEW YORK. THIS COMMITTEE SHALL CONSIST OF
SUCH NUMBER OF MEMBERS AS THE CHIEF ADMINISTRATOR SHALL DESIGNATE, AMONG
WHICH THERE SHALL BE THE CHIEF CLERK OF THE CIVIL COURT OF THE CITY OF
NEW YORK; REPRESENTATIVES OF THE ORGANIZED BAR INCLUDING BUT NOT LIMITED
TO CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCIATIONS; ATTORNEYS WHO REGU-
LARLY APPEAR IN ACTIONS SPECIFIED IN SUBPARAGRAPH 5 OF PARAGRAPH (B) OF
SUBDIVISION (B) OF SECTION 6 OF CHAPTER 367 OF THE LAWS OF 1999; AND
UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS THAT ARE OR
HAVE BEEN AFFECTED BY THE PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO MAY
BE AFFECTED BY ANY RECOMMENDATIONS FOR FURTHER LEGISLATION CONCERNING
THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF ACTIONS AND
PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN IN THE CIVIL
COURT OF THE CITY OF NEW YORK; AND ANY OTHER PERSONS AS DEEMED APPROPRI-
ATE BY THE CHIEF ADMINISTRATOR.
(C)(1) THE CHIEF ADMINISTRATOR SHALL CREATE AN ADVISORY COMMITTEE TO
CONSULT WITH HIM OR HER REGARDING THE DEVELOPMENT OF A PROGRAM RELATING
TO THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF CRIMINAL ACTIONS
AND THE FILING AND SERVICE OF PAPERS IN PENDING CRIMINAL ACTIONS AND
PROCEEDINGS. THE COMMITTEE SHALL CONSIST OF SUCH NUMBER OF MEMBERS AS
WILL ENABLE THE CHIEF ADMINISTRATOR TO OBTAIN INPUT FROM THOSE WHO WOULD
BE AFFECTED BY SUCH ELECTRONIC FILING PROGRAM, AND SUCH MEMBERS SHALL
INCLUDE COUNTY CLERKS; CHIEF CLERKS OF SUPREME, COUNTY AND OTHER COURTS;
DISTRICT ATTORNEYS; NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; PUBLIC
A. 8368--A 5
DEFENDERS; STATEWIDE AND LOCAL SPECIALTY BAR ASSOCIATIONS WHOSE MEMBER-
SHIP DEVOTES A SIGNIFICANT PORTION OF THEIR PRACTICE TO ASSIGNED CRIMI-
NAL CASES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION 3
OF SECTION 722 OF THE COUNTY LAW; INSTITUTIONAL PROVIDERS OF CRIMINAL
DEFENSE SERVICES AND OTHER MEMBERS OF THE CRIMINAL DEFENSE BAR; REPRE-
SENTATIVES OF VICTIMS' RIGHTS ORGANIZATIONS; UNAFFILIATED ATTORNEYS WHO
REGULARLY APPEAR IN PROCEEDINGS THAT WOULD BE AFFECTED BY SUCH ELECTRON-
IC FILING PROGRAM AND OTHER INTERESTED MEMBERS OF THE CRIMINAL JUSTICE
COMMUNITY. SUCH COMMITTEE SHALL HELP THE CHIEF ADMINISTRATOR TO EVALUATE
THE IMPACT OF SUCH ELECTRONIC FILING PROGRAM ON LITIGANTS INCLUDING
UNREPRESENTED PARTIES, PRACTITIONERS AND THE COURTS AND TO OBTAIN INPUT
FROM THOSE WHO WOULD BE AFFECTED BY SUCH ELECTRONIC FILING PROGRAM,
INCLUDING DISTRICT ATTORNEYS, NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS,
PUBLIC DEFENDERS, STATEWIDE AND LOCAL SPECIALTY BAR ASSOCIATIONS WHOSE
MEMBERSHIP DEVOTES A SIGNIFICANT PORTION OF THEIR PRACTICE TO ASSIGNED
CRIMINAL CASES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVI-
SION 3 OF SECTION 722 OF THE COUNTY LAW, INSTITUTIONAL PROVIDERS OF
CRIMINAL DEFENSE SERVICES AND OTHER MEMBERS OF THE CRIMINAL DEFENSE BAR,
REPRESENTATIVES OF VICTIMS' RIGHTS ORGANIZATIONS, UNAFFILIATED ATTORNEYS
WHO REGULARLY APPEAR IN PROCEEDINGS THAT WOULD BE AFFECTED BY SUCH ELEC-
TRONIC FILING PROGRAM AND OTHER INTERESTED MEMBERS OF THE CRIMINAL
JUSTICE COMMUNITY.
(2) NO LATER THAN JANUARY 1, 2012, THE CHIEF ADMINISTRATOR OF THE
COURTS SHALL SUBMIT TO THE LEGISLATURE, THE GOVERNOR AND THE CHIEF JUDGE
OF THE STATE A REPORT OF THE EVALUATION INCLUDING THE ENTITIES OR INDI-
VIDUALS CONSULTED, THE INPUT RECEIVED, ANY RECOMMENDATIONS OF THE ADVI-
SORY COMMITTEE TO THE CHIEF ADMINISTRATOR, ALONG WITH RECOMMENDATIONS
FOR LEGISLATION AUTHORIZING THE DEVELOPMENT OF A PROGRAM RELATING TO THE
USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF CRIMINAL ACTIONS AND THE
FILING AND SERVICE OF PAPERS IN PENDING CRIMINAL ACTIONS AND
PROCEEDINGS.
(D) (1) THE CHIEF ADMINISTRATOR SHALL CREATE AN ADVISORY COMMITTEE TO
CONSULT WITH HIM OR HER REGARDING THE DEVELOPMENT OF A PROGRAM RELATING
TO THE USE OF ELECTRONIC MEANS FOR THE ORIGINATION OF JUVENILE DELIN-
QUENCY PROCEEDINGS UNDER ARTICLE 3 OF THE FAMILY COURT ACT AND ABUSE OR
NEGLECT PROCEEDINGS PURSUANT TO ARTICLE 10 OF THE FAMILY COURT ACT IN
FAMILY COURT AND THE FILING AND SERVICE OF PAPERS IN SUCH PENDING
PROCEEDINGS. THE COMMITTEE SHALL CONSIST OF SUCH NUMBER OF MEMBERS AS
WILL ENABLE THE CHIEF ADMINISTRATOR TO OBTAIN INPUT FROM THOSE WHO WOULD
BE AFFECTED BY SUCH ELECTRONIC FILING PROGRAMS, AND SUCH MEMBERS SHALL
INCLUDE CHIEF CLERKS OF FAMILY COURTS; REPRESENTATIVES OF AUTHORIZED
PRESENTMENT AND CHILD PROTECTIVE AGENCIES; OTHER APPROPRIATE COUNTY AND
CITY GOVERNMENT OFFICIALS; INSTITUTIONAL PROVIDERS OF LEGAL SERVICES FOR
CHILDREN AND/OR PARENTS; NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; PUBLIC
DEFENDERS; ATTORNEYS ASSIGNED PURSUANT TO ARTICLE 18-B OF THE COUNTY
LAW; AND OTHER MEMBERS OF THE FAMILY COURT BAR; REPRESENTATIVES OF
VICTIMS' RIGHTS ORGANIZATIONS; UNAFFILIATED ATTORNEYS WHO REGULARLY
APPEAR IN PROCEEDINGS THAT WOULD BE AFFECTED BY SUCH ELECTRONIC FILING
PROGRAM; AND OTHER INTERESTED MEMBERS OF THE FAMILY PRACTICE COMMUNITY.
SUCH COMMITTEE SHALL HELP THE CHIEF ADMINISTRATOR TO EVALUATE THE IMPACT
OF SUCH ELECTRONIC FILING PROGRAM ON LITIGANTS INCLUDING UNREPRESENTED
PARTIES, PRACTITIONERS AND THE COURTS AND TO OBTAIN INPUT FROM THOSE WHO
WOULD BE AFFECTED BY SUCH ELECTRONIC FILING PROGRAM, INCLUDING REPRESEN-
TATIVES OF AUTHORIZED PRESENTMENT AND CHILD PROTECTIVE AGENCIES, OTHER
APPROPRIATE COUNTY AND CITY GOVERNMENT OFFICIALS, INSTITUTIONAL PROVID-
ERS OF LEGAL SERVICES FOR CHILDREN AND/OR PARENTS, NOT-FOR-PROFIT LEGAL
A. 8368--A 6
SERVICE PROVIDERS, PUBLIC DEFENDERS, ATTORNEYS ASSIGNED PURSUANT TO
ARTICLE 18-B OF THE COUNTY LAW AND OTHER MEMBERS OF THE FAMILY COURT
BAR, REPRESENTATIVES OF VICTIMS' RIGHTS ORGANIZATIONS, UNAFFILIATED
ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS THAT WOULD BE AFFECTED BY
SUCH ELECTRONIC FILING PROGRAM, AND OTHER INTERESTED MEMBERS OF THE
CRIMINAL JUSTICE COMMUNITY.
(2) NO LATER THAN JANUARY 1, 2012, THE CHIEF ADMINISTRATOR OF THE
COURTS SHALL SUBMIT TO THE LEGISLATURE, THE GOVERNOR AND THE CHIEF JUDGE
OF THE STATE A REPORT OF THE EVALUATION INCLUDING THE ENTITIES OR INDI-
VIDUALS CONSULTED, INPUT RECEIVED, ANY RECOMMENDATIONS OF THE ADVISORY
COMMITTEE TO THE CHIEF ADMINISTRATOR, ALONG WITH RECOMMENDATIONS FOR
LEGISLATION AUTHORIZING THE DEVELOPMENT OF A PROGRAM RELATING TO THE USE
OF ELECTRONIC MEANS FOR THE ORIGINATION OF JUVENILE DELINQUENCY
PROCEEDINGS UNDER ARTICLE 3 OF THE FAMILY COURT ACT AND ABUSE OR NEGLECT
PROCEEDINGS PURSUANT TO ARTICLE 10 OF THE FAMILY COURT ACT IN FAMILY
COURT AND THE FILING AND SERVICE OF PAPERS IN SUCH PENDING PROCEEDINGS.
S 6. Section 7 of chapter 416 of the laws of 2009 amending the civil
practice law and rules relating to service of papers by electronic means
is amended to read as follows:
S 7. This act shall take effect on September 1, 2009; provided, howev-
er, that no rule adopted pursuant to paragraph (B) of subdivision (b) of
section 6 of chapter 367 of the laws of 1999, as added by section two of
this act, shall take effect until at least one hundred eighty days have
elapsed after such effective date, and provided that such paragraph (B)
shall expire and be deemed repealed September 1, [2012] 2015.
S 7. This act shall take effect immediately; provided, however, that
the amendments to paragraph (B) of subdivision (b) of section 6 of chap-
ter 367 of the laws of 1999 made by sections two, three and four of this
act shall not affect the repeal of such provisions and shall expire and
be deemed repealed therewith.